Presidential jets immune from attachment – AGF
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, says the aircraft on the presidential fleet are sovereign assets used solely for sovereign purposes and are therefore immune from attachment by any entity.
Fagbemi said this in a statement issued by his Special Assistant, Media, on Thursday in Abuja.
He said 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.
“The actions by France that would be recalled were on account of the 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.
“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,’’.
He said 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 arch 26, 2024, against the Ogun State government.
The arbitral award arose from an arbitration proceeding commenced in 2018 following a contractual dispute between the Chinese company and the Ogun State government.
The claimants say that 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 existing international principles, which hold that the actions of a substantial or local entity are attributable to the state or country itself.
