The Nigerian government has responded to reports of the alleged seizure of three presidential aircraft in Paris, France, stating that these jets are sovereign assets and therefore immune from confiscation. The government’s statement follows a dispute between a private Chinese firm and the Ogun State government.

Citing principles of international law, the government acknowledged that actions by a sub-national or local entity could be attributed to the state itself. However, the Nigerian government has initiated legal and diplomatic measures to recover the three aircraft.

The Ogun State government also challenged the judicial process leading to the provisional attachment of the aircraft, taking steps to vacate the order.

Labour Party presidential candidate in the 2023 election, Peter Obi, described the reported seizure as an international embarrassment and demanded a full explanation.

The dispute involves Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company seeking to enforce a Final Award granted in its favour on 26th March 2021 against Ogun State. The issue began in 2007 with a contract between Ogun State and Zhongshan to manage a free trade zone. The parties entered a dispute in 2015, leading to arbitration, which concluded in 2019 with an award of over $60 million against the Federal Government of Nigeria, a co-defendant, despite Zhongshan’s limited contribution to the project.

The Ogun State government resisted the enforcement of the award in eight different jurisdictions and engaged in settlement discussions with Zhongshan in London in September 2023. However, negotiations broke down when Zhongshan insisted on the full payment of the arbitration debt.

Since then, the Chinese firm has pursued enforcement proceedings, which the Nigerian government and Ogun State have successfully opposed in several jurisdictions.

Special Adviser to the President on Communication and Publicity, Kamarudeen Ogundele, stated that the federal government became aware of the interim attachment of the aircraft on 14th August 2024. The attachment was made pursuant to ex parte orders issued by the Judicial Court of Paris in March and August 2024.

Ogundele clarified that the dispute originated from Ogun State’s engagements but that the enforcement actions targeted federal government assets in line with international law principles. He assured that legal and diplomatic steps were underway to ensure the release of the aircraft, which are covered by sovereign immunity.

Bayo Onanuga, Special Adviser to the President on Information and Strategy, accused the Chinese company of subterfuge to acquire Nigerian government assets. He asserted that the company misled the Judicial Court of Paris and had previously failed to enforce its judgement in the UK and the US.

Onanuga also praised Ogun State’s efforts to resolve the matter and condemned Zhongshan for attempting to exploit Nigeria, likening the case to the P&ID scandal, where foreign entities sought to defraud the country.

He assured that the federal government was working closely with Ogun State to overturn the Paris court’s order and protect Nigeria’s national assets.