Attorney General Asserts Sovereign Immunity for Presidential Aircraft Amid Legal Dispute

 

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has asserted that aircraft within the presidential fleet are sovereign assets and thus immune from attachment by any external entities.

In a statement released on Thursday by his Special Assistant, Media, Fagbemi addressed recent developments involving the interim attachment of three presidential aircraft undergoing maintenance in France. This action followed ex parte orders issued by the Judicial Court of Paris in relation to an alleged debt owed by the Nigerian government.

Fagbemi clarified that the attachment was made at the behest of Zhongshan Industrial Investment Company Limited, a Chinese firm seeking to enforce a Final Award granted against Ogun State on March 26, 2024. The award emerged from an arbitration proceeding initiated in 2018 due to a contractual dispute between the company and Ogun State.

“The aircraft in question are sovereign assets used solely for sovereign purposes,” Fagbemi stated. “Therefore, they are immune from attachment, as per principles of international law and sovereign immunity.”

The Nigerian government, including the office of the National Security Adviser and the Attorney General’s office, is currently exploring both diplomatic and legal avenues to contest the orders. Fagbemi emphasized that steps are being taken to ensure the removal of what he described as inappropriate orders against the aircraft.

“The position of the federal government remains firm,” Fagbemi continued. “These assets are protected under sovereign immunity and should not be subject to attachment as sought by Zhongshan Industrial Investment Company Limited.”

The orders in question were dated March 7 and August 12, 2024, and relate to the enforcement of the arbitral award granted against Ogun State. Despite the origins of the dispute involving a local government, the enforcement actions have been directed at federal assets, a move the Nigerian government argues is inconsistent with international legal principles.