The Ogun State Government has confirmed the recent seizure of three Nigerian presidential aircraft by a French court.
The court took this action due to a contractual dispute between Ogun State and Zhongshan, a Chinese company with which the state had a failed agreement. The contract, which was initially established in 2013, was terminated by the state government in 2016, leading to the legal battle.
Following the contract dispute, Zhongshan sued both the state and federal governments, leading to the French court’s decision to seize the aircraft, which are currently stationed within its jurisdiction.
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Previously, an independent arbitration tribunal had awarded Zhongshan approximately $74.5 million in damages.
The Ogun State government, which disputes this ruling, has yet to comply with the award.
In response, the Ogun State Government criticized the judicial action as unfair and indicated its intention to challenge the court’s order.
In a statement issued on Thursday, Kayode Akinmade, the Special Adviser to the Governor on Media and Strategy, condemned the move as part of a persistent effort by the Chinese company to claim Nigerian assets abroad, noting that previous attempts had failed.
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The statement reads in part, “Each of the three aircraft is used solely for sovereign purposes and, as such, is immune from attachment under international and French law. In securing the provisional attachments, Zhongshan deliberately withheld information from the Federal Government of Nigeria, Ogun State, and their legal counsel.”
Akinmade further alleged that Zhongshan had misled the Paris court about the nature and use of the seized assets.
“Shockingly, it also appears to have misled the Judicial Court of Paris about the use and nature of the assets it seeks to attach and failed to make full disclosure to the court as required by law.
“Ogun State, in conjunction with the Federal Government of Nigeria, has taken swift action to ensure that these provisional attachments are lifted without delay.”
The government compared the situation to the P&ID case, asserting that it represents yet another instance of dishonest individuals pretending to be foreign investors with the sole intent of defrauding Ogun State and Nigeria.
Akinmade noted that the contract with Zhongshan was established in 2007, well before the Dapo Abiodun-led administration took office. The agreement, concerning the management of a free-trade zone, encountered disputes in 2015, leading to arbitration starting in 2016.
“By 2019, when the current State Administration took office, the arbitration hearing had been nearly concluded. The Arbitral Panel awarded over $60 million against the Federal Government of Nigeria (FGN), which was a co-defendant, despite Zhongshan merely constructing a perimeter fence around the free-trade zone. Needless to say, this was a flawed and unfair decision.”