The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, has stated that presidential aircraft are sovereign assets immune from attachment by any entity. This follows an interim attachment of three presidential aircraft in France, which were undergoing routine maintenance, due to an alleged debt owed by the Nigerian government.
Fagbemi emphasized that the aircraft are used solely for sovereign purposes and are protected by sovereign immunity. The Office of the National Security Adviser and the Attorney General’s office are exploring both diplomatic and legal means to resolve the issue and discharge the orders against the aircraft.
The attachment orders were issued by the Judicial Court of Paris on March 7 and August 12, 2024, at the request of Zhongshan Industrial Investment Company Limited, a Chinese company seeking to enforce an arbitral award granted in its favor against the Ogun State government. The award arose from a contractual dispute between the company and Ogun State government, which commenced arbitration proceedings in 2018.
The claimants argue that although the dispute originated from engagements with Ogun State government, the enforcement actions are being directed against the Federal Government and its assets, in line with international law principles. However, Fagbemi maintains that the federal government’s position is that the aircraft are sovereign assets immune from attachment.
The Nigerian government is taking legal and diplomatic steps to resolve the dispute and protect its sovereign assets. The incident highlights the complexities of international law and the need for governments to protect their assets from unauthorized attachment.
