The Nigerian government on Thursday said it has commenced
both diplomatic and legal steps to recover the three presidential aircraft
seized in France on account of indebtedness.
The diplomatic and legal means are being currently explored
by the Office of the National Security Adviser, NSA, and the Office of the
Attorney General of the Federation, AGF, and Minister of Justice.
A statement by the AGF 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.
Parts of the statement 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.”
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