The Ogun state government has stated that it was not notified of the Paris court order granting Zhongshan Fucheng Industrial Investment Co. Ltd the right to seize three Nigerian presidential jets.
The jets were seized over a dispute involving an arbitration award in favor of the Chinese firm.
The court ruled that the Chinese firm should use the three jets at the Paris-Le Bourget and Basel-Mulhouse international airports “as security for its claim of EUR 74,459,221”.
The seized jets are Dassault Falcon 7X, with registration number 5N-FGU, Boeing 737-7N6/BBJ, with registration number 5N-FGT, and Airbus A330-243, with registration number 5N-FGA.
However, in a statement issued on Thursday, Kayode Akinmade, special adviser to the governor on media and strategy, accused Zhongshan of misleading the Paris court, claiming the company only built a perimeter fence around the free-trade zone. Akinmade described the seizure as an “ill-advised attempt” to attach Nigerian-owned assets in foreign jurisdictions.
The statement emphasized that the aircraft are used solely for sovereign purposes and are immune from attachment under international and French laws. It alleged that Zhongshan withheld information from the Federal Government of Nigeria, Ogun state, and their legal counsel.
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Akinmade drew parallels with the P&ID case, describing it as another instance of “unscrupulous individuals masquerading as foreign investors” aiming to defraud Ogun State and Nigeria. The statement highlighted the underlying contract between Ogun State and Zhongshan, executed in 2007, and the arbitration process that commenced in 2016.
The Ogun state government expressed its disapproval of the arbitration panel’s decision, awarding over $60 million against the Federal Government of Nigeria, and vowed not to allow the “unconscionable and baseless decision” to stand.
The statement reads, “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, to stand.”
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