The Nigerian government has accused a Chinese company, Zhongshan Fucheng Industrial Investment Co. Limited, of misleading a French court to secure an order seizing three of Nigeria’s presidential jets
The seizure stemmed from a contract dispute between Zhongshan and the Ogun State government in Nigeria.
Bayo Onanuga, Special Adviser to the President on Information and Strategy, said the seizure followed “failed attempts by (the) Chinese company to take over offshore assets of the Federal Government of Nigeria through subterfuge.”
The issue dates back to 2007 when Zhongshan entered into a contract with the Ogun State government to manage a free-trade zone.
The contract was revoked in 2015, leading to arbitration in 2016.
An independent arbitral tribunal, chaired by the former President of the UK Supreme Court, awarded Zhongshan approximately $74.5 million in compensation.
However, the Nigerian government contended that Zhongshan’s claim lacks merit.
Onanuga stated, “When the contract with Ogun State was revoked in 2015, the company had only erected a perimeter fence on the land earmarked for a free trade zone.”
The seized aircraft include a Dassault Falcon 7X at Le Bourget airport in Paris, a Boeing 737, and an Airbus A330 at Basel-Mulhouse airport in Switzerland. Two of these jets were recently put up for sale, while the Airbus A330 was a recent purchase by Nigeria, reportedly costing over $100m.
The Nigerian government alleged that Zhongshan obtained two orders from the Judicial Court of Paris on March 7 and August 12, 2024, without properly serving notice to either the Federal Government of Nigeria or the Ogun State government.
Onanuga likened the situation to the controversial P&ID case, suggesting that Zhongshan may be attempting to “undercutting and scamming governments in Africa.”
He further claimed that the company might have sold the judgment to “a venture capitalist seeking to make money by embarrassing the Federal Government and President Bola Tinubu.”
The Nigerian government stressed that the presidential jets are protected by diplomatic immunity and argued that the French court was misled regarding the nature and use of these assets.
Onanuga’s statement reads partly: “The Federal Government is not under any contractual obligation with the company. The case in which Zhongshan tries to use every unorthodox means to strip our offshore assets is between the company and the Ogun State Government.
“The Federal Government is fully aware of efforts being made by the Ogun State Government to reach an amicable resolution on the matter.
“It must be said without any equivocation that Zhongshan has no solid ground to demand restitution from the Ogun State Government based on the facts regarding the 2007 contract between the company and the State Government to manage a free-trade zone.
“When the contract with Ogun State was revoked in 2015, the company had only erected a perimeter fence on the land earmarked for a free trade zone.
“While the Attorney-General of the Federation and Minister of Justice is working with the Ogun State Government on an amicable resolution, Zhongshan obtained two orders from the Judicial Court of Paris dated March 7, 2024, and August 12, 2024, without any notice being duly served on the Federal Government of Nigeria and Ogun State Government.
“This arm-twisting tactic by the Chinese company is the latest in a long list of failed moves to attach Nigerian government-owned assets in foreign jurisdictions.
“The material facts in the transaction between the Ogun State Government and Zhongshan point to another P&ID case in which unscrupulous and questionable individuals falsely present themselves as investors with the sole objective of undercutting and scamming governments in Africa.
“Undoubtedly, Zhongshan withheld vital information and misled the Judicial Court in Paris into attaching the Nigerian government’s presidential jets, which are on routine maintenance in France. The use and nature of the presidential jets as assets of a Sovereign entity whose assets are protected by diplomatic immunity forbid any foreign Court from issuing an order against them.
“We are convinced the Chinese company misled the Judicial Court of Paris regarding the use and nature of the assets it seeks to attach and did not fully disclose to the court as required by law.
“This same Chinese company had tried to enforce its questionable judgment in the UK and USA but failed.
“Like the P&ID case, foreign companies are trying to defraud Nigeria with the collaboration of some bureaucrats. Zhongshan appeared to have sold the judgment they got to a venture capitalist seeking to make money by embarrassing the Federal Government and President Bola Tinubu.
“We want to assure Nigerians that the Federal Government is working with the Ogun State Government to discharge this frivolous order in Paris immediately.
“Nigerian Government will always work to protect our national assets from predators and shylocks who masquerade as investors.
“Background to the Zhongshan Fucheng Case: A contract between Ogun State and Zhongshan to manage a free-trade zone was executed in 2007. The parties entered into a dispute in 2015, and arbitration began in 2016.
“By 2019, the arbitration hearing had been concluded. The Arbitral Panel awarded over 60 million USD against the Federal Government of Nigeria (FGN), a co-defendant, when all Zhongshan had done was build a perimeter fence around the free-trade zone.
“Based on legal advice, the Ogun State Government resolved to resist the enforcement of the award. The resistance was successful in 8 different jurisdictions. There are pending appeals against recognition orders issued in both the US and UK.
“Ogun State also engaged Zhongshan in settlement discussions on reasonable terms. The last meeting, held in September 2023 in London, lasted for three days and was attended by several officials of Ogun State, including Governor Dapo Abiodun and the Attorney General/Minister of Justice, Prince Lateef Fagbemi.
“Zhongshan’s initial reasonable readiness to consider Ogun State’s offer was surprisingly reversed by the second day when it insisted on the government paying the full arbitration debt. This led to a breakdown of the mediation, with parties agreeing to meet again in the first quarter of this year.
“Since then, Zhongshan has been evasive. Instead, it embarked on a series of enforcement proceedings, which the legal team appointed by the FGN and Ogun State successfully opposed. In cases similar to the present one, where Zhongshan obtained an ex-parte order, Ogun State successfully set aside the orders.
“Ogun State has not given up on a reasonable settlement option, with the most recent letter sent to Zhongshan last week. Zhongshan only responded after obtaining this latest illegal order.”