The Ogun State Government has criticized the judicial process that led to the provisional attachment of three Nigerian government-owned aircraft in France by the Judicial Court of Paris on March 7th and August 2nd, 2024. This legal action was initiated by the Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd, which sought several orders from the court due to an aborted contract with the Ogun State Government that began in 2007.
In a statement signed by Hon. Kayode Akinmade, the Special Adviser to the Governor on Media and Strategy, the Ogun State Government condemned the recent development as a continuation of efforts by the Chinese company to seize Nigerian assets in foreign jurisdictions, following previous failed attempts. The statement characterized the legal proceedings as a “total charade” with fraudulent intent, accusing the company of deliberately concealing the litigation from the Nigerian government, Ogun State, and their legal counsels, leading to the rushed securing of seizure orders.
The Ogun State Government asserted that the company misled the Judicial Court of Paris about the nature and use of the assets it sought to attach, failing to provide full disclosure as required by law. The statement further noted that both Ogun State and the Federal Government have taken immediate steps to overturn the provisional attachments, while also accusing the company of abandoning earlier discussions aimed at resolving the matter amicably.
The case was compared to the P&ID incident, with the statement suggesting that it represents another attempt by unscrupulous entities posing as foreign investors to defraud Ogun State and Nigeria.
The statement said: “On August 14, 2024, the attention of the Ogun State Government was drawn to the provisional attachment of three Nigerian government-owned aircraft in France by the Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd. (Zhongshan). Ogun State also learned of two orders of the Judicial Court of Paris dated March 7, 2024, and August 12, 2024, respectively, both obtained by Zhongshan without notice being duly given to the Federal Government of Nigeria, Ogun State, or their legal counsel.”
“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.”
“Accordingly, and based on erudite legal advice, this Administration resolved to resist the enforcement of the award. The resistance was successful in eight different jurisdictions. Currently, there are pending appeals against recognition orders issued in both the US and UK,” the statement read.
