Presidential Jets Protected from Seizure, Says AGF Fagbemi

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has stated that aircraft in the presidential fleet are sovereign assets used exclusively for sovereign purposes and, as such, are protected from seizure by any entity.

Fagbemi made this assertion in a statement released on Thursday in Abuja by his Special Assistant for Media. His remarks came in response to the interim attachment of three presidential aircraft undergoing routine maintenance in France, based on ex parte orders issued by the Judicial Court of Paris.

Fagbemi explained that France’s actions were in relation to an alleged debt owed by the Nigerian government. He added that the offices of the National Security Adviser (NSA) and the Attorney General of the Federation (AGF) are currently exploring both diplomatic and legal avenues to overturn the inappropriate orders against the aircraft, which are shielded by sovereign immunity.

“While further measures are being implemented to resolve the entire dispute through available legal channels, the federal government firmly maintains that the aircraft in question are sovereign assets used solely for sovereign purposes and are therefore immune from attachment, as Zhongshan has attempted to do,” Fagbemi stated.

He noted that the orders, dated March 7 and August 12, 2024, were issued at the request of Zhongshan Industrial Investment Company Limited, a Chinese firm seeking to enforce a Final Award granted in its favor on March 26, 2024, against the Ogun State government.

The arbitral award stemmed from a contractual dispute between the Chinese company and the Ogun State government that began in 2018. Despite the dispute originating from engagements with the Ogun State government, the enforcement actions have been directed at the Federal Government and its assets. The claimants argue that under international law, the actions of a significant local entity can be attributed to the state or country itself.