In a significant development, Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese firm involved in a legal tussle with Nigeria, has released one of Nigeria’s presidential jets that it had earlier seized. The jet was freed to allow President Bola Ahmed Tinubu to attend a scheduled meeting with French President Emmanuel Macron next week.
The release of the aircraft, an Airbus A330, comes after the Chinese company obtained a court order from a French court, which allowed it to seize three Nigerian presidential jets. This legal action was part of an ongoing dispute between Zhongshan and the Nigerian government over an outstanding debt of $74.5 million that was awarded to the company.
Speaking to reporters on Friday, a spokesperson for Zhongshan expressed the company’s willingness to act fairly, despite the ongoing dispute. He explained that the decision to release the aircraft was made as a goodwill gesture, recognizing the importance of President Tinubu’s upcoming diplomatic engagement with President Macron.
“Zhongshan has consistently sought to act reasonably and fairly in the course of a legal dispute with Nigeria, which was not of its making,” the spokesperson told News360 Nigeria. “It (Zhongshan) has now been made aware that an Airbus A330, currently detained in France as a result of a French court order obtained by Zhongshan, is needed for the President of the Federal Republic of Nigeria to travel to a scheduled meeting with President Macron of France early next week.”
The spokesperson further stated that Zhongshan remains open to negotiations with Nigerian government representatives to reach a mutually beneficial settlement. He emphasized the company’s commitment to serious and substantive discussions aimed at resolving the dispute quickly.
The roots of the legal conflict between Zhongshan and Nigeria trace back to a 2007 contract between the Chinese firm and the Ogun State Government. Zhongshan was contracted to manage a free trade zone in the state. However, the agreement was revoked in 2015, with the company having only erected a perimeter fence on the designated land by that time. This revocation led to a protracted legal battle, with Zhongshan seeking restitution from the Ogun State Government.
In response to Zhongshan’s actions, Bayo Onanuga, Special Adviser to the President on Information and Strategy, released a statement outlining the federal government’s stance on the matter. Onanuga clarified that the federal government is not contractually obligated to Zhongshan and that the dispute is strictly between the company and the Ogun State Government.
“The Presidency is aware of the various failed attempts by a Chinese company, Zhongshan Fucheng Industrial Investment Co. Limited, to take over offshore assets of the Federal Government of Nigeria through subterfuge,” Onanuga stated. He added, “The Federal Government is not under any contractual obligation with the company. The case in which Zhongshan is trying to use every unorthodox means to strip our offshore assets is between the company and the Ogun State Government.”
Onanuga revealed that both the federal government and the Ogun State Government are actively working towards an amicable resolution of the dispute. He dismissed Zhongshan’s claims as baseless, comparing the situation to the notorious P&ID case, where foreign entities attempted to defraud Nigeria by presenting themselves as investors.
According to Onanuga, Zhongshan had attempted to enforce its questionable judgment in courts in the UK and USA but failed in both instances. He accused the company of misleading the French court by withholding critical information about the nature of the assets it sought to seize, which are protected under diplomatic immunity as they belong to a sovereign entity.
“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,” Onanuga said. “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.”
Onanuga reassured Nigerians that the federal government is taking all necessary steps to overturn the court order and protect Nigeria’s national assets from what he described as “predators and shylocks” posing as investors.
The situation has drawn attention to the broader issue of foreign companies attempting to exploit legal loopholes to gain undue advantages over African governments. The Nigerian government has vowed to stand firm against such attempts and ensure that the country’s assets are safeguarded.
