By Emmanuel Kwada
The Nigerian Government began moves on Thursday to recover three presidential aircraft seized in France over an alleged $74.5 million debt to a Chinese company, Zhongshan Fucheng Industrial Investment Co. Limited.
The government stated that diplomatic and legal means are being explored by the Office of the National Security Adviser and the Office of the Attorney General of the Federation and Minister of Justice.
In a statement on Thursday in Abuja, AGF Lateef Fagbemi (SAN) maintained that the debt leading to the seizure was incurred by the Ogun State Government in a contractual agreement with the Chinese company.
His statement read in part:
“On August 14, 2024, the Federal Government of Nigeria became aware of the interim attachment of three presidential aircraft undergoing routine maintenance in France. The temporary attachment was made pursuant to ex-parte orders issued by the Judicial Court of Paris on March 7, 2024, and August 12, 2024, respectively.
“The orders were issued at the instance of Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company seeking to enforce a Final Award granted in its favor on March 26, 2021, against one of Nigeria’s sub-nationals, Ogun State.
“The arbitral award arose from an arbitration proceeding that commenced in 2018 as a fallout of a contractual dispute between the Chinese company and the Ogun State Government over the operation and management of the Ogun Guangdong Free Trade Zone.
Aircraft in question are sovereign assets used solely for sovereign purposes
“We wish to clarify that, although the dispute originated from engagements of the Ogun State Government, the consequential enforcement actions are being directed against the Federal Government and its assets in line with extant principles of international law, which holds that the actions of a subnational or local entity are attributable to the state or country itself.
“The Offices of the National Security Adviser and the Attorney-General of the Federation have already set in motion both legal and diplomatic steps to ensure the discharge of the inappropriate orders against the aircraft, which are covered by sovereign immunity.
“While further actions are being put in place to resolve the entire dispute through available legal means, the firm position of the Federal Government remains that the aircraft in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment, as Zhongshan has s ought to do.”
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