By Felicia Udeji
A French court has authorized the seizure of three presidential jets linked to the Federal Government of Nigeria.
Two of the jets, part of the Nigerian presidential air fleet, were recently put up for sale, while the third, an Airbus 330, was purchased by Nigeria but not yet delivered.
The seizure of the presidential jets is a result of an application by Zhongshan, a Chinese company whose export processing zone management contract was revoked by the Ogun State government in 2016.
An independent arbitral tribunal chaired by the former President of the UK Supreme Court awarded Zhongshan about $74.5 million in compensation, but the Ogun State government, which has a dispute with Zhongshan, has yet to honour the award.
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.
Premium Times reports that all are currently undergoing maintenance.
The Nigerian government reportedly paid over $100 million for the Airbus.
The court order prohibits the movement, sale, or purchase of the jets until Zhongshan receives the awarded $74.5 million. Bailiffs have served papers for each aircraft.
The paper said the confiscation of the planes follows the recent seizure of Nigerian-owned buildings in Liverpool, England, by a UK court in relation to the same dispute with Zhongshan.
The properties against which Zhongshan secured charging orders are located at 15 Aigburth Hall Road, Liverpool and Beech Lodge, 49 Calderstones Road, Liverpool, estimated by the company to be worth between £1.3 and £1.7 million.
The order by the Enforcement Judge at the Paris Judicial Court reads as follows.
“Having regard to the foregoing application and the reasons, therefore, Having regard to the documents annexed hereto.
“Having regard to articles L. 111-1-1, L. 111-1-2,3°, L. 511-1 et seq., R. 111-1 and R. 511-1 et seq. of the Code of Civil Enforcement Procedures.
“Enforcement Judge at the Paris Judicial Court.
“Authorize ZHONGSHAN FUCHENG INDUSTRIAL INVESTMENT CO. LTD, located at Tower 5, Shangfeng Financial Business Centre, No. 88, Zhongshan 4th Road, East District, Zhongshan City, People’s Republic of China to seize the aircraft Dassault Falcon 7X, registration number 5N-FGU (serial number 090), Boeing 737-7N6/BBJ, registration number 5N-FGT (serial number 34260/1746), and Airbus A330-243, registration number 5N-FGA (serial number 1053), belonging to the Federal Republic of Nigeria, stationed respectively at the airport of Paris-Le Bourget and Basel-Mulhouse international airports in the hands of any third party in the airport area of the said airport who holds it, as security for its claim of EUR 74,459,221.
“Let us say that this protective seizure will take place to secure and preserve the claim arising from the arbitration award dated 26 March 2021, made by an ad hoc arbitral tribunal,
“The bailiffs will be able to go to any place where the aircraft registered 5N-FGU, 5N-FGT and 5N-FGA are located and seize them;
“The bailiffs will be able to include the type of aircraft and its registration number, as well as its main equipment and accessories, in the seizure report;
“The bailiffs may be assisted by any person, request any equipment and take any measure necessary to implement the measure ordered, and in particular, request any employee and equipment of Paris-Le Bourget Airport and Basel-Mulhouse International Airport;
“Let’s say that the aircraft, registered 5N-FGU, 5N-FGT and 5N-FGA, will be positioned so that the cockpit faces a wall or building or in any other way that prevents it from taking off again autonomously;
“Once the aircraft have been seized, the bailiffs will appoint any third party of their choice as custodian of the aircraft registered 5N-FGU, 5N-FGT and 5N-FGA;
“Let us say that the bailiffs will be able to use public force;
“We hereby declare that this order may be set up against any third party holding the property subject to seizure;
“Let’s just say that it will be referred to us in case of difficulty; “This order is enforceable on the basis of the minutes alone.
“Date L($ JÇ in our chambers, at the seat of the Paris Judicial Court. The enforcement judge.
