THE Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, has declared that aircrafts in the presidential fleet are sovereign assets used solely for sovereign purposes and are therefore immune from attachment by any entity.
This statement comes after three presidential aircrafts undergoing routine maintenance in France were seized pursuant to an ex parte orders issued by the Judicial Court of Paris.
Prince Fagbemi stressed that the federal government is exploring both diplomatic and legal means to address the issue. He stated that the Office of the National Security Adviser and the Attorney-General of the Federation are working together to ensure the discharge of the orders against the aircrafts, which are protected 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 aircrafts in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment as Zhongshan has sought to do,’’ he said.
The minister’s statement was in response to the seizure of the presidential aircraft due to an alleged debt owed by the Nigerian government. He clarified that the orders were obtained by Zhongshan Industrial Investment Company Limited, a Chinese company seeking to enforce an arbitral award granted in its favour against the Ogun State government.
Eighteen-Eleven Media reports three jets in the presidential air fleet were confiscated on Thursday by authorities in France and Switzerland.
The seizures followed a ruling by a French court, which authorised the confiscation of the aircrafts due to a long-standing business dispute between Ogun State and Zhongshan, a Chinese company,
The jets, which include a Dassault Falcon 7X stationed at Paris-Le Bourget airport, a Boeing 737, and an Airbus 330 located at Basel-Mulhouse Airport in Switzerland have been grounded as part of the enforcement of a $74.5 million arbitration award in favour of Zhongshan.
According to sources, these aircraft were undergoing maintenance when the order for their seizure occurred.
The Nigerian government reportedly paid over $100 million for the Airbus A330, which has not yet been delivered to the country.
The seizure stems from a 2016 dispute when the Ogun State government revoked Zhongshan’s contract to manage an export processing zone.
Following the termination, Zhongshan initiated an investment treaty arbitration against Nigeria, citing the bilateral investment treaty between China and Nigeria.
The arbitration tribunal, chaired by a former President of the UK Supreme Court, awarded Zhongshan $55.7 million, with an additional $9.4 million in interest and legal costs amounting to £2.86 million.
Despite repeated pleas from the federal government for Ogun State to resolve the dispute, no settlement was reached, leading to international legal actions that resulted in the seizure of the jets.
The French court’s order explicitly prohibits the movement, sale, or purchase of the aircraft until Zhongshan receives its compensation.
The Ogun State government and Zhongshan have been embroiled in a bitter dispute since 2016, following the state’s decision to replace Zhongshan as the interim manager of the Ogun Guangdong Free Trade Zone.
Zhongshan’s parent company, Zhuhai Zhongfu Industrial Group Co Ltd, had entered into an agreement in 2010 to develop and manage Fucheng Industrial Park within the zone, a deal that later unravelled, leading to the current legal battle.
Eighteen-Eleven Media