The Federal Government says the Offices of the National Security Adviser (NSA) and the Attorney-General of the Federation (AGF) have already set in motion both legal and diplomatic steps to ensure the discharge of what it termed inappropriate orders against the three presidential aircraft undergoing routine maintenance in France.
This was disclosed in a statement by Kamarudeen Ogundele, a spokesman for the AGF Lateef Fagbemi.
Ogundele said that the the Federal Government became aware of the interim attachment of the aircraft on Wednesday, August 14, 2024.
The said temporary attachment, according to the statement, was made pursuant to ex parte orders issued by the Judicial Court of Paris dated 7 March 2024 and 12 August 2024 respectively 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 statement read in part.
The Federal Government said that while further actions are being put in place to resolve the entire dispute through available legal means, its firm position remains that the aircraft in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment as Zhongshan has sought to do.
