Fagbemi insists presidential jets immune from sizure, after failing to argue case in court
By Jeph Ajobaju, Chief Copy Editor
Federal Attorney General and Justice Minister Lateef Fagbemi, SAN has explained aircraft in the presidential fleet are sovereign assets used solely for sovereign purposes and are immune from attachment by any entity.
He was reacting to news that a court in Paris ordered the seuzure and sale of three Nigerian presidential jets in a case filed by a Chinese company to recoup funds in a failed contract with Ogun State.
It is unclear why Abuja is now scrambling over spilled milk after Fagbemi as chief government lawyer (or his representatives) failed to show up in court and present Nigeria’s side of the case or they did but failed to persuade the court.
Fagbemi weighed in on the matter in a statement he issued through his Media Assistant following an interim attachment of three Nigerian presidential aircraft undergoing routine maintenance in France made pursuant to ex parte orders issued by the Judicial Court of Paris.
“The actions by France, it would be recalled, was on account of alleged debt owed by the Nigerian government,” the statement said.
“The office of the National Security Adviser, NSA, and the Attorney General of the Federation, AGF, and Minister of Justice are currently weighing both diplomatic and legal means.
“They have 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 aircraft in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment as Zhongshan has sought to do.”
Fagbemi disclosed the orders were dated 7 March and 12 August 2024 at the instance of Zhongshan Industrial Investment Company Limited, a Chinese firm seeking to enforce a Final Award granted in its favour on 26 March 2024 against Ogun State government.
The arbitral award arose from an arbitration proceeding commenced in 2018 following a contractual dispute between the company and the Ogun government.
The company claimed in court that:
- Although the dispute originated from engagements with Ogun State government, the consequential enforcement actions are directed against the Federal Government and its assets.
- This is in line with international law which holds that the actions of a substantial or local entity are attributable to the state or country itself.
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