• Presidency says French court misled by Chinese firm
By Gideon Maxwell
August 15, 2024
The Nigerian government has initiated legal and diplomatic actions to reclaim three jets from the Presidential Air Fleet, which were seized by a French court as part of a restitution order linked to a contract dispute in Ogun State.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, confirmed that his office, in collaboration with the National Security Adviser, is actively pursuing the release of the jets.
“We have already set in motion both legal and diplomatic steps to ensure the discharge of the inappropriate orders against the aircraft,” Fagbemi stated.
The jets, which include a Dassault Falcon 7X, a Boeing 737, and an Airbus 330, were seized after a French court ruled in favour of Zhongshan Fucheng Industrial Investment Co. Limited.
The company had sought restitution following the revocation of its export processing zone management contract by the Ogun State government in 2015.
The court’s order prevents Nigeria from moving or selling the presidential jets until Zhongshan has been compensated with $74.5 million.
Kamarudeen Ogundele, the Special Adviser to the President on Communication and Publicity in the Office of the Attorney General, who echoed Fagbemi’s position in a statement on Thursday, emphasised that the aircraft are protected by sovereign immunity, and efforts are being intensified to overturn the court’s decision.
“The jets are undergoing maintenance in France and should not have been subjected to such an order,” Ogundele noted.
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The Nigerian government remains firm in its stance to resolve the matter swiftly, both through diplomatic channels and the legal system.
The Nigerian presidency is employing a multi-faceted approach to address the situation, while legal experts are being consulted to explore options for contesting the French court’s decision.
With diplomatic channels being activated to engage with French authorities, the government is determined to assert its rights over the jets and to prevent any further actions that could jeopardise Nigeria’s assets abroad.
Similarly, the Nigerian presidency responding to the seizure of the presidential jets, insisted that the aircraft are sovereign assets and should be protected under international law.
Bayo Onanuga, Special Adviser to the President, articulated the government’s position, stating, “Zhongshan withheld vital information and misled the Judicial Court in Paris into attaching the Nigerian government’s presidential jets.”
He further clarified that the Nigerian government has no contractual relationship with Zhongshan and is actively pursuing legal and diplomatic avenues to reclaim the seized jets.
In a related statement, Ogun State’s media aide criticised the French court’s ruling, saying, “The jets are used solely for sovereign purposes and should be immune from attachment under international law.”
This assertion highlights the Nigerian government’s stance that sovereign assets are protected from foreign legal actions.
Background of the dispute
The controversy arises from a legal dispute involving the Ogun State government and the Chinese firm Zhongshan Fucheng Industrial Investment Co. Limited, which dates back to a contract signed in 2007 related to the establishment of a free-trade zone.
The French court’s decision to seize these jets was reportedly based on claims made by Zhongshan Fucheng, which alleges that the Ogun State government owes them substantial compensation for the failed project.
The Ogun State government has vehemently denied these claims, asserting that the contract was never fulfilled due to the company’s failure to meet its obligations.
Broader implications
This incident has drawn significant attention and criticism from various quarters.
Labour Party candidate Peter Obi described the seizure as an “international embarrassment” for Nigeria, calling for greater transparency and accountability in government dealings.
He emphasised the need for the Nigerian government to safeguard its assets and to engage in more prudent international agreements.
The seizure of the presidential jets by a French court has sparked a complex legal and diplomatic challenge for Nigeria.
The presidency’s firm stance on the sovereignty of its assets reflects a broader commitment to protecting national interests in the face of international disputes.
As the government navigates this situation, it signals the importance of maintaining robust legal frameworks and diplomatic relations to safeguard Nigeria’s reputation and assets on the global stage.
