The Ogun State government has criticized the judicial process that led to the provisional attachment of three Nigerian presidential jets by the Judicial Court of Paris. The court had ordered the seizure of the jets on March 7 and August 2, 2024, as part of a legal dispute involving a Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd.
The jets, which include a Dassault Falcon 7X, a Boeing 737, and a newly purchased Airbus A330, were undergoing maintenance at airports in France and Switzerland when the seizure orders were issued.
The Dassault Falcon 7X was stationed at Le Bourget Airport in Paris, while the Boeing 737 and Airbus A330 were located at Basel-Mulhouse Airport in Switzerland.
The dispute stems from an aborted contract between Zhongshan and the Ogun State government, initiated in 2007.
The Chinese company had sought court orders in relation to this dispute, leading to the attachment of Nigerian assets abroad.
In a statement released on Thursday, the Ogun State government, through the Special Adviser to the Governor on Media and Strategy, Kayode Akinmade, condemned the legal actions taken by Zhongshan.
The government described the latest developments as part of a broader attempt by the Chinese company to appropriate Nigerian assets in foreign jurisdictions.
Ogun State accused Zhongshan of concealing the litigation from both the Nigerian government and Ogun State authorities, as well as their legal counsel.
This, the government argued, allowed the company to quickly secure seizure orders without full disclosure to the court regarding the nature of the assets.
The Ogun State government and the Federal Government have reportedly taken immediate steps to lift the provisional attachments on the jets.
The statement also accused Zhongshan of reneging on earlier discussions aimed at reaching an amicable resolution.
The Ogun State government likened the case to the infamous P&ID case, describing it as another instance of unscrupulous individuals disguising themselves as foreign investors with the intent to defraud Nigerian entities.
The statement reads, “On August 14, 2024, the attention of the Ogun State Government was drawn to the provisional attachment of three Nigerian government-owned aircraft in France by the Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd. (Zhongshan).
“Ogun State also learned of two orders of the Judicial Court of Paris dated 7 March 2024 and 12 August 2024 respectively, both obtained by Zhongshan without notice being duly given to the Federal Government or Nigeria, Ogun State or their legal counsel.
“This is the latest in a series of ill-advised attempts by Zhongshan to attach Nigerian-owned assets in foreign jurisdictions, none of which have to date led to the recovery of any sums from Nigeria.
“Each of the three aircraft is used solely for sovereign purposes and as such are immune from attachment under international and French laws. In obtaining the provisional attachments, Zhongshan deliberately withheld information from the Federal Government of Nigeria, Ogun State and their legal counsel.
“Just like the P&ID case, this is another unfortunate case of unscrupulous individuals masquerading as foreign investors with the sole aim of defrauding Ogun State and Nigeria.
“It should be recalled that the underlying contract between Ogun State and Zhongshan was executed in 2007, 12 years before the present administration, for the management of a free-trade zone.
“The parties entered into a dispute in 2015 with arbitration commencing in 2016.
“By 2019, when the current State Administration took office, the hearing at the arbitration had been all but concluded.
“The Arbitral Panel awarded over 60 million USD against the Federal Government of Nigeria (FGN) which was a co-defendant, when all Zhongshan had done was to build a perimeter fence around the free-trade zone. Needless to say this was a bad/unfair decision.
“The present State Administration could not in all good conscience allow such an unconscionable and baseless decision, which would dissipate the commonwealth of the good people of Ogun State.
“Accordingly, and based on erudite legal advice, this Administration resolved to resist the enforcement of the award. The resistance was successful in eight different jurisdictions.
“Currently, there are pending appeals against recognition orders issued in both the US and UK.”
