…as FG makes frantic efforts to recover seized aircraft, tackles Chinese company
. Deploys AGF, NSA, other top officials to explore diplomatic, legal means
Federal Government on Thursday began moves to recover the three presidential aircraft seized in France over alleged $74.5million indebtedness to a Chinese company, Zhongstan Fucheng Industrial Investment Co
Limited.
The development is however also causing disquiet at the Presidential Villa with the Presidency voicing its strong opposition to the French Court order confiscating the three Nigerian Presidential jets.
The French court had ordered a seizure of the aircraft over a botched $74.5million deal between the Ogun State Government and a Chinese company, Zhongshan Fucheng Industrial Investment Co. Limited.
The court order had listed for seizure a Dassault Falcon 7X, a Boeing 737-7N6/BBJ and an Airbus A330-243 stationed at Paris-Le Bourget and Basel-Mulhouse airports.
The Chinese company whose export processing zone management contract was revoked by the Ogun State Government in 2016, had approached the court.
But Federal Government said diplomatic and legal means are being currently explored by the Office of the National Security Adviser and the Office of the Attorney General of the Federation and Minister of Justice.
AGF Lateef Fagbemi SAN, in a statement on Thursday in Abuja, maintained that the debt which led to the seizure of the presidential aircraft was incurred by the Ogun State Government in a contractual agreement with a Chinese company.
His statement partly read, “On 14th August 2024, the Federal Government of Nigeria became aware of the interim attachment of three presidential aircrafts undergoing routine maintenance in France.
“The said temporary attachment was made pursuant to ex-parte orders issued by the Judicial Court of Paris dated 7 March 2024 and 12 August 2024, respectively.
“The orders were issued at the instance of Messrs. Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company seeking to enforce a Final Award granted in its favour on 26 March 2021, against one of Nigeria’s sub-nationals, Ogun State.
“It is to be noted that the arbitral award arose from an arbitration proceeding which commenced in 2018 as a fallout of a contractual dispute between the Chinese company and Ogun State Government over the operation and management of Ogun Guangdong Free Trade Zone.
“We wish to clarify that, though the dispute originated from engagements of Ogun State Government, however, 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 aircrafts, 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 aircrafts in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment as Zhongshan has sought to do.”
FG tackles Chinese company, says Presidential jets can’t be seized
The Nigerian Presidency in a statement by Bayo Onanuga, Special Adviser to the President on Information and Strategy, accused the Chinese company of misleading the court.
Onanuga disclosed that Nigeria’s Attorney-General and Minister of Justice, is working with the Ogun State Government to quash the case.
The statement read, “The Presidency is aware of the various failed attempts by a Chinese company, Zhongshan Fucheng Industrial Investment Co. Limited, to take over offshore assets of the Federal Government of Nigeria through subterfuge.
“The Federal Government is not under any contractual obligation with the company. The case in which Zhongshan is trying to use every unorthodox means to strip our offshore assets is between the company and the Ogun State Government.
“The Federal Government is fully aware of efforts being made by the Ogun State Government to reach an amicable resolution on the matter.
“It must be said without any equivocation that Zhongshan has no solid ground to demand restitution from the Ogun State Government based on the facts regarding the 2007 contract between the company and the State Government to manage a free-trade zone.
“When the contract with Ogun State was revoked in 2015, the company had only erected a perimeter fence on the land earmarked for a free trade zone. While the Attorney-General of the Federation and Minister of Justice is working with the Ogun State Government on an amicable resolution, Zhongshan obtained two orders from the Judicial Court of Paris dated March 7, 2024, and August 12, 2024, without any notice being duly served on the Federal Government of Nigeria and Ogun State Government.
“This arm-twisting tactic by the Chinese company is the latest in a long list of failed moves to attach Nigerian government-owned assets in foreign jurisdictions.
“The material facts in the transaction between the Ogun State Government and Zhongshan point to another P&ID case in which unscrupulous and questionable individuals falsely present themselves as investors with the sole objective of undercutting and scamming Governments in Africa.
“Undoubtedly, Zhongshan withheld vital information and misled the Judicial Court in Paris into attaching the Nigerian government’s presidential jets, which are on routine maintenance in France. The use and nature of the Presidential jets as assets of a Sovereign entity whose assets are protected by diplomatic immunity forbid any foreign Court from issuing an order against them.
“We are convinced the Chinese company misled the Judicial Court of Paris regarding the use and nature of the assets it seeks to attach and did not fully disclose to the court as required by law.
“This same Chinese company had tried to enforce its questionable judgment in the UK and USA but failed.
“We want to assure Nigerians that the Federal Government is working with the Ogun State Government to discharge this frivolous order in Paris immediately.”
