The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has confirmed that presidential jets are grounded in France over an alleged debt owed by the Nigerian government.
Fagbemi said the aircraft on the presidential fleet are sovereign assets used solely for sovereign purposes and are therefore immune from attachment by any entity.
The AGF said this in a statement on Thursday, August 15, 2024.
He noted that this followed an interim attachment of three presidential aircraft undergoing routine maintenance in France made pursuant to exparte orders issued by the Judicial Court of Paris.
Fagbemi stated: “The actions by France it would be recalled was on account of alleged debt owed it by the Nigerian government.
“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.
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“They have set in motion both legal and diplomatic steps to ensure the discharge of the inappropriate orders against the aircraft, 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.”
The AGF revealed that the orders were dated March 7 and August 12, 2024, at the instance of Zhongshan Industrial Investment Company Limited, a Chinese company seeking to enforce a Final Award granted in its favour on March 26, 2024, against the Ogun State Government.
The AGF said the arbitral award arose from an arbitration proceeding commenced in 2018 following a contractual dispute between the Chinese company and the Ogun State Government.
According to him, the claimants said though the dispute originated from engagements of the Ogun State Government, the consequential enforcement actions are being directed against the federal government and its assets.
It claimed that this was in line with extant principles of international which holds that the actions of a substantial or local entity are attributable to the state or country itself.
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