By Suleiman Mustapha
Chinese firm Zhongshan Zhongshan Fucheng Industrial Investment Co. Limited has released one of the three Nigerian aircraft detained in France, following the court order it obtained by a judiciary court in Paris.
This development arose ahead of President Bola Tinubu’s scheduled meeting with France Emmanuel Macron.
The released aircraft , Airbus A330,according to the company`s spokesperson on Friday, is a gesture of goodwill as they have been made aware that president Tinubu would need it for a scheduled meeting with the French president.
A statement from Zhongshan said that it has consistently sought to act reasonably and fairly in the course of a legal dispute with Nigeria which was not of its making.
“It 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.
“As a gesture of goodwill, Zhongshan has lifted the seizure of that aircraft immediately. This will allow it to be used for the President’s trip.”
The statement mentioned that the company remains committed to talks with the Nigerian government with a view of reaching a “reasonable compromise rapidly”.
Earlier on Thursday, the Federal Government reported that it has initiated both legal steps to address the interim attachment of three presidential aircrafts in France.
The aircraft, which were undergoing routine maintenance, were temporarily seized following ex parte orders issued by the Judicial Court of Paris on March 7 and August 12, 2024.
These orders were obtained by Zhongshan Fucheng Industrial Investment Co. Limited, a Chinese company seeking to enforce an arbitral award granted in its favor in 2021 against Ogun State, a sub-national entity in Nigeria.
It could be recalled that three presidential jets belonging to the Federal Government of Nigeria were seized by a French court over a failed business deal between the Ogun State Government and Zhongshan, a Chinese company.
Two of the aircraft were recently put up for sale while the third jet is newly purchased and is yet to be delivered.
The seized presidential jets include a Dassault Falcon 7X at Le Bourget airport in Paris, a Boeing 737, and an Airbus 330 at Basel-Mulhouse airport in Switzerland.
The court authorised the seizure of the aircraft following an application by the company, whose business relationship with Ogun State Government dates back to 2010.
Things went sour between the parties in 2016 when the state government revoked the company’s export processing zone management contract.
It was reported that in June 2010, the Ogun Guangdong Free Trade Zone (OGFTZ) a joint venture between the Ogun State Government and Chinese governments — established in 2008 — entered into a framework agreement with Zhuhai Zhongfu Industrial Group Co Ltd, the parent company of Zhongshan.
The agreement gave the company the right to develop and run Fucheng Park within the zone.
Gbenga Daniel was the governor of Ogun State in 2010 when the agreement between the Ogun Guangdong Free Trade Zone and Zhuhai Zhongfu Industrial Group Co Ltd was signed.
In 2011, the state government appointed the Chinese company as the interim manager/administrator of the zone.
However, in 2016, the Ogun State Government terminated Zhongshan’s appointment and appointed another manager for the free trade zone.
The development prompted the Chinese company to launch an investment treaty arbitration against Nigeria citing the bilateral investment treaty between the West African country and China.
After a protracted legal battle, the Judicial Court of Paris in March 2024, ruled in favor of Zhongshan, awarding the company about $74.5 million in compensation, but the Ogun State Government has yet to honour the award.
Although the court authorised the seizure of the three presidential jets, it prohibits the sale or purchase of the aircraft until Zhongshan receives the awarded $74.5 million.
In response to the issue, the Ogun State Government accused the Chinese company of obtaining court orders “without notice being duly given to the Federal Government of Nigeria, Ogun State or their legal counsels.”
