Presidential aircrafts immune from seizure — Attorney General

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has asserted that aircrafts in Nigeria’s presidential fleet are sovereign assets, exclusively used for sovereign purposes, and therefore cannot be seized by any entity.

Fagbemi made this statement on Thursday through his Special Assistant on Media, in response to the interim seizure of three Nigerian presidential aircrafts undergoing routine maintenance in France.

The seizure was based on ex parte orders issued by the Judicial Court of Paris.

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However, Fagbemi emphasized that the Nigerian government, through the offices of the National Security Adviser (NSA) and the Attorney General, is exploring both legal and diplomatic avenues to overturn the orders, which he described as inappropriate.

He reiterated that the aircrafts are protected by sovereign immunity and are not subject to attachment.

The orders, dated March 7 and August 12, 2024, were issued at the request of Zhongshan Industrial Investment Company Limited, a Chinese firm attempting to enforce a Final Award granted on March 26, 2024, against the Ogun State government. The award stems from a contractual dispute dating back to 2018.

Zhongshan claims that although the dispute originated with the Ogun State government, international law principles allow for enforcement actions against the Federal Government, attributing the actions of local entities to the state itself.

Fagbemi assured that further legal steps are being taken to resolve the dispute.