President Bola Tinubu’s administration has commenced both legal and diplomatic steps to ensure the release of three seized presidential aircraft in France and Switzerland.
Mr Kamarudeen Ogundele, the spokesman for the Attorney General of the Federation disclosed this in a statement on Thursday.
The seized aircraft include a Dassault Falcon 7X at Le Bourget Airport in Paris, a Boeing 737, and an Airbus 330 at Basel-Mulhouse Airport in Switzerland.
The aircrafts undergoing routine maintenance in France and Switzerland, were seized following orders issued by the Judicial Court of Paris on March 7 and August 12, 2024.
These orders were obtained by a Chinese firm, Zhongshan Fucheng Industrial Investment Co. Limited, which is seeking to enforce an arbitral award granted in its favor in 2021 against Ogun State government.
The arbitral tribunal, headed by a former President of the UK Supreme Court, awarded the Chinese firm $74.5 million in compensation against Ogun government.
Meanwhile, the legal dispute stems from a 2016 decision by the Ogun state government to revoke Zhongshan’s export processing zone management contract, which resulted to a long legal battle that has now spilled over into international courts.
The federal government of Nigeria unfortunately found itself in the cross fire due to actions taken by Ogun government.
In the statement by Ogundele, the Nigerian government said it’s efforts are grounded in the principle that the aircraft are sovereign assets, used exclusively for sovereign purposes, and therefore immune from attachment.
“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 aircrafts, which are covered by sovereign immunity,” it said.
The government also maintained that the interim orders against the aircraft are inappropriate, given their status under 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.”
Also speaking after the court judgement, Zhongshan Fucheng Industrial Investment Co. Limited has said they remain confident in the arbitral panel’s decision, which was unanimously in their favour.
According to a company spokesman, the arbitral panel, which was charged with the responsibility of resolving the dispute, ruled decisively in favour of Zhongshan, recommending the award of compensation, a decision that was upheld by courts in multiple countries, further reinforcing the legitimacy of the panel’s findings.
“Zhongshan has only ever sought to assert its rights under international law, and is confident in its case. The independent arbitral panel found unanimously in its favour – and courts in multiple countries have upheld the view that the panel’s award of compensation should be enforced. The French court was in full possession of the facts when it reached its decision.
“Far from being just a fence, the Ogun Free Trade Zone was featured as a major international investment by the Economist Intelligence Unit.”
He also stated the company’s long-standing willingness to engage in serious negotiations with the Nigerian Government to resolve the matter amicably.
“Zhongshan has for a long time been ready to enter serious negotiations with the Federal Government of Nigeria to settle this case, and still awaits an indication that the Government is equally willing.”
