Three aircraft from the Nigerian presidential fleet have been seized in France and Switzerland following a court ruling.
The action was prompted by Zhongshan, a Chinese firm involved in a prolonged legal battle with Ogun State regarding the administration of an export processing zone.
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The seized aircraft include a Dassault Falcon 7X in Paris, and a Boeing 737 and an Airbus A330, valued at over $100 million, which are currently undergoing maintenance in Switzerland.
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Zhongshan had been awarded $74.5 million in damages after a court sided with the company over Ogun State’s termination of their contract. The seizure of the jets is part of Zhongshan’s efforts to recover the awarded damages.
Here’s a timeline of the key events from the investment deal to the ongoing legal battles:
**2001:** China and Nigeria sign a bilateral investment treaty to foster investment between the two nations.
**2010:** Zhongshan Fucheng Industrial Investment, through its parent company Zhuhai Zhongfu Industrial Group, gains rights to develop the Ogun Guangdong Free Trade Zone (OGFTZ) in Ogun State, Nigeria.
**2011:** Zhongshan establishes a local entity, Zhongfu International Investment (NIG) FZE, to oversee the development of the OGFTZ. The company undertakes significant infrastructure projects, including roads, sewerage, and power networks within the zone.
**2012:** Ogun State appoints Zhongfu as the interim manager of the OGFTZ.
**2013:** A joint venture agreement is signed, granting Zhongfu permanent management of the OGFTZ and a majority share in the project.
**2016:** Ogun State abruptly terminates Zhongfu’s appointment, expelling the company from Nigeria and harassing its executives, including revoking their immigration papers.
**2017:** Zhongshan initiates arbitration proceedings against Nigeria, alleging a breach of the bilateral investment treaty.
**2021:** On March 26, the tribunal, chaired by Lord Neuberger, former president of the UK Supreme Court, rules that Nigeria breached the China-Nigeria BIT. The tribunal awards Zhongshan $55,675,000 plus $9.4 million in interest and £2,864,445 in costs, totaling approximately $70 million.
**2022:** To recover the awarded funds, Zhongshan secures interim charging orders over two properties in Liverpool owned by the Nigerian government.
**2023:** Nigeria’s attempt to claim state immunity is rejected by the UK High Court, which determines that Nigeria missed the deadline for appealing the arbitral award. In July, the UK Court of Appeal upholds the $70 million arbitration award against Nigeria.
**2024:** The United States Court of Appeals for the District of Columbia affirms the enforceability of the arbitration award. Despite Nigeria’s challenge, the court rules it has jurisdiction to enforce the award under the US Foreign Sovereign Immunities Act.
**August 2024:** Nigerian jets are seized in France as part of efforts to enforce the arbitration award against Nigeria.
