The controversy surrounding seized presidential jets in Paris, France, linked to Ogun State government, has taken a new turn as two former governors, Ibikunle Amosun and Gbenga Daniel, yesterday, opened up about their involvement.
Amosun, who governed Ogun State from 2011 to 2019, revealed that the issue is a “Chinese against Chinese” dispute, stressing he was ready to work with the agencies of government in any capacity to ensure that Nigeria is not scammed by Zhongfu International Investment Co. Ltd or any other entity.
Gbenga Daniel, who governed the state from 2003 to 2011, has also weighed in on the matter, stating that he has documents to assist in the investigation.
News broke Thursday that three Nigerian presidential jets, including a newly purchased Airbus, have been seized under the authority of a French court following a protracted legal battle between a sub-national and Zhongshan Fucheng.
The seizure includes a newly acquired Airbus A330 valued at over $100 million. The aircraft in question–a Dassault Falcon 7X, a Boeing 737, and an Airbus A330–had either been part of the Nigerian presidential fleet or were recently purchased by government.
Seizure Order
According to the report by Premium Times, the seizure of the presidential jets was a result of an application by the Chinese company whose export processing zone management contract was allegedly revoked by the Ogun State government in 2016.
The report added that despite an arbitral tribunal, chaired by a former President of the UK Supreme Court, ruling in favour of Zhongshan and awarding them €74,459,221 in compensation, the decision has yet to be honoured.
As a result, Zhongshan sought enforcement of the arbitral award through the French legal system. The enforcement judge at the Paris Judicial Court granted the company authority to seize the aircraft, stating in the court order, “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 court further ordered that the aircraft be secured in such a way as to prevent their movement, saying, “The aircraft… 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.”
My Story – Daniel
Daniel, in a statement titled, “Seized National Assets/Ogun/Guangdong FTZ: Our Story”, made available to newsmen in Abeokuta, the Ogun State capital, reads: “We need to establish clearly that Otunba Gbenga Daniel or his administration is not in discussion on the matter before the courts and arbitration, neither were the terms or proprietary of the Agreement for the establishment of the FTZ, rather it is the termination of a Management Contract. The judgements in all the courts are very clear on this.
“Rather than engaging in media comments, the most reasonable course of action that Senator Otunba Gbenga Daniel would rather engage in is helping Nigeria, through the President, Bola Tinubu, to find a diplomatic solution to the issue at hand with available records that could assist the Federal Government in pursuing its course at the arbitration and before the courts. He cannot do this on the pages of the newspapers and on other media which may also compromise the strength of Nigeria’s arguments in the courts. We need to also appreciate that this matter is before various courts in several countries and it is subjudice for anyone to speak on them.
“However, let us emphasize once again that the Ogun/Guangdong Free Trade Zone project still exists and several Nigerians are working there as we write, just as there are several companies still doing their legitimate businesses. It is from this perspective of development that the efforts of Otunba Gbenga Daniel should be well appreciated.
Incorrect Reports
“At the time of his handover in 2011, about 56 companies were at various stages of operations, construction and showing interests in the Free Trade Zone and through which various life-impacting developments have taken place in the Igbesa area, which was an otherwise rural community before the establishment of the Free Trade Zone.
“There are so many incorrect reports and misrepresentation of facts on timelines of activities relating to the establishment and Operations of the Free Trade Zone in circulation especially on social media, and we plead that the media should partner with the Nigerian government in finding a very productive solution to this matter in Nigeria’s interest.
“It is not time to play politics with the assets and integrity of our dear country. We sincerely appreciate all efforts at reaching out for Otunba Daniel’s side of the story as we also seek the understanding of all those who called to appreciate his sturdy silence to be able to assist the President on the way out of this testy time and situation”
Impostor
On his part, Amosun, in a statement titled, “Presidential jets seizure: Zhongfu firm is an impostor, it’s Chinese against Chinese dispute”, said: “The agreement that was entered into at inception in 2007 with our predecessor is what is still in operation and there was no need for any negotiation or re-negotiation of any contract when we came in and throughout our eight (8) years tenure.
“We have read various media accounts of the above in both the print and social media. We have also read and aligned with the very appropriate responses from Ogun State and the Federal Government. At different levels, government is a continuum and the various segments of events leading to this unfortunate situation occurred before, during and after our administration.
Business Dispute
“Our administration assumed office on 29 May, 2011. Very shortly after we took office, two different sets of Chinese companies, Messrs China Africa Investment FXE and Zhongfu International Investment FXE laid claims to management rights over the Ogun Guangdong Free Trade Zone (OGFTZ). The business dispute and rivalry between the Chinese concerns soon became fierce, grounded seamless business activities and threatened public peace and safety within the Zone and neighbouring communities.
“There were claims and counterclaims as to who between the two was the lawful representative of the original joint venturer, Guangdong Province, China and consequentially who had the right to manage the Zone.
Damaging information
“Zhongfu International Investment FXE, pretending to be a concerned and genuine tenant and Zone stakeholder, volunteered very damaging and destructive information about the official representatives of Guangdong Province, the Joint Venturer and lawful Zone Managers, China Africa Investment FXE and subsequently requested to be appointed as Interim Zone Managers.
“Based on the information at the disposal of the government at the time, Zhongfu International Investment FXE was on 15/03/2012 appointed as Interim Zone Manager pending further evaluation. The whole idea was to ensure that someone was in charge and thereby prevent unwholesome and untoward development in the Zone pending the completion of our fact-finding exercise.
“It was later discovered that the information and claims volunteered by Zhongfu International Investment FXE against China Africa Investment FXE were tissues of lies.
Diplomatic Note
“Unknown to Ogun government at the time, Zhongfu International Investment FXE merely sought to de-market China Africa Investment FXE and to surreptitiously covert the State-owned assets of Guangdong Province in China together with the Zone ownership and management rights of their business rival.
“It was further discovered – much later – through the intervention of the Chinese Government via Diplomatic Note 1601, dated March 11, 2016.
“The Government of the Peoples Republic of China, via its Diplomatic Note 1601 dated March 11, 2016, clarified to the Ogun State Government, that China Africa Investment FXE was the rightful investor. After due consultation with the relevant organs of government, we gave effect to the request of the Chinese government.
Four court cases
“We do recall, that Zhongfu International Investment FXE approached Nigerian courts in different jurisdictions to ventilate its legal and business rights. They lost all their four cases in court.
“We also consulted with and took advice from the State Security Services and the supervising Agency, NEPZA, on the best way to proceed. Accordingly, we served Zhongfu International Investment FXE with a formal Termination Notice dated 27 May, 2016.
“For completeness of records, we must mention that Zhongfu International Investment FXE proceeded to Court.
“Among others, the proceedings in Suit No HCT/417/2016: Zhongfu International Investment FXE Vs OGFTZ and, FCT/ABJ/CS/601/2016: Zhongfu International Investment FXE Vs NEPZA & Ors will help to throw light on this business dispute between two Chinese entities- Zhongfu and China Africa.
Special circumstances
“The final judgement in one other case, Suit No AB/04/2017: Zenith Global Merchant International Investment Ltd Vs Zhongfu International Investment FXE delivered on 29/3/2017 specifically restrained a reference to arbitration in the special circumstances of the matter being a trade dispute between two Chinese entities- Zhongfu and China Africa, with little or no connection with either Ogun State or the Federal Government.
“Not satisfied with the decisions of the various courts, Zhongfu International Investment FXE took its case, and wrote petitions at various times, to higher authorities in Abuja; the Presidency, Hon Minister of Trade & Investment; Attorney General & Minister of Justice, Inspector General of Police, EFCC and the National Assembly (both the House of Representatives and the Senate) among others.
“We successfully defended our actions at all levels before these organs of government, and they all agreed with our position. Shortly after, our administration left office in May, 2019.
“In conclusion, without prejudice to the ongoing efforts of the Ogun State Government and the Federal Government of Nigeria, and with all sense of responsibility, I wish to categorically state that the Agreement that was entered into at inception of the Zone in 2007 with our predecessor is what is still in operation and there was no need for any negotiation or re-negotiation of any contract when we came in and throughout our eight (8) years tenure.
Common patrimony
“It is also not true that our administration sent police or any security agent to harass, intimidate, or beat anyone. If there was any such situation, it must have been from among the disputing rivals in the bid to outdo one another. Security agencies can further investigate the allegation and uphold the truth.
“Nigeria should not give Zhongfu International Investment FXE any listening ear as doing so would amount to indulging and, encouraging an unlawful entity without locus standi to appropriate our common patrimony.
“Stemming from the above, this matter of Zhongfu International Investment FXE should be treated the way Nigeria treated the P&ID case. There is no basis for negotiation.
“I am ready to work with the agencies of government in any capacity to ensure that Nigeria is not scammed by Zhongfu International Investment FXE, or any other entity.
“Like every Nigerian, we are concerned that a purely business dispute between two Chinese nationals and corporations has now degenerated into an unlawful attempt to appropriate Nigeria’s sovereign assets.
“This is unacceptable to all people of goodwill and must not be allowed to stand”.
