By OGBU NWEKE
The federal government has reacted to the seizure of three jets on the presidential fleet on the order of a Paris court exerting penalty on the Ogun State government, in a case brought by Zhongshan Industrial Investment Company Limited, a Chinese company seeking to enforce a Final Award granted in its favour on 26 March 2024 against Abeokuta.Â
Reacting to the “interim attachment of three presidential aircraft undergoing routine maintenance in France made pursuant to ex parte orders issued by the Judicial Court of Paris”, in a statement issued yesterday (Thursday, August 15) from the office of the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, the federal government said all the aircraft on the presidential fleet “are sovereign assets used solely for sovereign purposes and are therefore immune from attachment by any entity.”
“The actions by France, it would be recalled, was on account of alleged debt owed by the Nigerian government,” the AGF said.
“The office of the National Security Adviser (NSA), and the Attorney General of the Federation (AGF), and Minister of Justice are currently weighing both diplomatic and legal means (options).
“They have 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 sought to do.’’
He disclosed that the orders dated 7 March and 12 August, 2024 were at the instance of Zhongshan Industrial Investment Company Limited, a Chinese company seeking to enforce a Final Award granted in its favour on 26 March 2024 against the Ogun State government, explaining that the arbitral award arose from an arbitration proceeding commenced in 2018, following a contractual dispute between the Chinese company and Ogun State government.
The claimants (Zhongshan Industrial Investment Company Limited) argue that, though the dispute originated from the engagements of the Ogun State government, the consequential enforcement actions are being directed against the Federal Government and its assets because, according to them, in line with extant principles of international law, the actions of a substantial or local entity are attributable to the state or country itself.
The Paris court seemed to have agreed with that argument, hence the consequential order on the three presidential jets, property of the federal government of Nigeria.
