The Ogun State government has criticized the judicial process that led to the provisional attachment of three Nigerian presidential jets by the Judicial Court of Paris.

The court had ordered the seizure of the jets on March 7 and August 2, 2024, as part of a legal dispute involving a Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd. 

The jets, which include a Dassault Falcon 7X, a Boeing 737, and a newly purchased Airbus A330, were undergoing maintenance at airports in France and Switzerland when the seizure orders were issued.

The Dassault Falcon 7X was stationed at Le Bourget Airport in Paris, while the Boeing 737 and Airbus A330 were located at Basel-Mulhouse Airport in Switzerland.

The dispute stems from an aborted contract between Zhongshan and the Ogun State government, initiated in 2007.

The Chinese company had sought court orders in relation to this dispute, leading to the attachment of Nigerian assets abroad.

In a statement released on Thursday, the Ogun State government, through the Special Adviser to the Governor on Media and Strategy, Kayode Akinmade, condemned the legal actions taken by Zhongshan.

The government described the latest developments as part of a broader attempt by the Chinese company to appropriate Nigerian assets in foreign jurisdictions.

Ogun State accused Zhongshan of concealing the litigation from both the Nigerian government and Ogun State authorities, as well as their legal counsel.

This, the government argued, allowed the company to quickly secure seizure orders without full disclosure to the court regarding the nature of the assets.

The Ogun State government and the Federal Government have reportedly taken immediate steps to lift the provisional attachments on the jets.

The statement also accused Zhongshan of reneging on earlier discussions aimed at reaching an amicable resolution.

The Ogun State government likened the case to the infamous P&ID case, describing it as another instance of unscrupulous individuals disguising themselves as foreign investors with the intent to defraud Nigerian entities.

The statement reads, “On August 14, 2024, the attention of the Ogun State Government was drawn to the provisional attachment of three Nigerian government-owned aircraft in France by the Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd. (Zhongshan).

“Ogun State also learned of two orders of the Judicial Court of Paris dated 7 March 2024 and 12 August 2024 respectively, both obtained by Zhongshan without notice being duly given to the Federal Government or Nigeria, Ogun State or their legal counsel.

“This is the latest in a series of ill-advised attempts by Zhongshan to attach Nigerian-owned assets in foreign jurisdictions, none of which have to date led to the recovery of any sums from Nigeria.

“Each of the three aircraft is used solely for sovereign purposes and as such are immune from attachment under international and French laws. In obtaining the provisional attachments, Zhongshan deliberately withheld information from the Federal Government of Nigeria, Ogun State and their legal counsel.

“Just like the P&ID case, this is another unfortunate case of unscrupulous individuals masquerading as foreign investors with the sole aim of defrauding Ogun State and Nigeria.

“It should be recalled that the underlying contract between Ogun State and Zhongshan was executed in 2007, 12 years before the present administration, for the management of a free-trade zone.

“The parties entered into a dispute in 2015 with arbitration commencing in 2016.

“By 2019, when the current State Administration took office, the hearing at the arbitration had been all but concluded.

“The Arbitral Panel awarded over 60 million USD against the Federal Government of Nigeria (FGN) which was a co-defendant, when all Zhongshan had done was to build a perimeter fence around the free-trade zone. Needless to say this was a bad/unfair decision.

“The present State Administration could not in all good conscience allow such an unconscionable and baseless decision, which would dissipate the commonwealth of the good people of Ogun State.

“Accordingly, and based on erudite legal advice, this Administration resolved to resist the enforcement of the award. The resistance was successful in eight different jurisdictions.

“Currently, there are pending appeals against recognition orders issued in both the US and UK.”

In this interview with Vanguard’s Law and Human Rights, the Attorney-General and Commissioner for Justice of Ondo State, Dr. Kayode Ajulo, SAN, spoke on various issues including the recent #Endbadgovernance protest and its handlers and the rights of Nigerians to protest.
He also reviewed the tenure of the outgoing Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola, even as he set an agenda for the incoming CJN, Justice Kudirat Kekere-Ekun, who is widely reputed as a no-nonsense judicial officer.

Excerpt:
Before the commencement of the last #EndBadGovernance protest, the government made spirited efforts to abort it. How does this align with people’s fundamental rights to freedom of expression, association and movement?

Away with all the sentiments expressed before during and after the protest, the basic issues at play which remains uncontroverted in any quarters is the government’s efforts to strike a balance between maintenance of public order and ensure the citizens’ rights as guaranteed by our laws in Nigeria and I didn’t see it from the perspective of the government trying to abort the protest.

Nigeria’s democratic growth, I must stress, depends on balancing public order and citizens’ rights and it is  government’s responsibility to maintain order while respecting people’s fundamental rights. People’s democratic right, I won’t say is sacrosanct, but constitutional and in this context of our discussion, freedom of expression is essential for democratic participation and accountability. Freedom of association is crucial for collective action and advocacy. Freedom of movement is necessary for personal and economic development and in doing this and permitting the protest, we must learn from history. As an undergraduate schooling in Nigeria, I participated in countless  protests that left some dead, some maimed and arrested, the last one, EndSARS, is still fresh as it got to a point that the protest turned into something else which borders on  issues of public order. And no responsible government will go to sleep particularly when the organisers of the protest were gracious enough to give adequate notices.

You will recall that some lawyers on behalf of government also went to court to obtain injunction to restrict movement of protesters to a certain location. Tongues wagged. In your view, what is the implication of such court order on the nation’s fledgling democracy?

This is a complex issue that touches on the balance between the right to peaceful assembly and the government’s responsibility to maintain public order.On one hand, the right to protest is a fundamental democratic freedom that should be protected. Peaceful protests play a crucial role in giving voice to citizens and holding the government accountable. Restricting the movement of protesters should  be seen as exercising the responsibility placed on government to maintain order and safeguard lives and property. The government also has a duty to ensure public safety and prevent potential violence or disruptions to daily life. Mass protests in this side of our world lead to unrest, property damage, or clashes with security forces. In this context, a court order restricting protest locations may be intended to facilitate the exercise of the right to protest while managing potential public order issues.

Ultimately, I believe this is a delicate balance that requires careful consideration of the specific circumstances. The implications for democracy depend greatly on how the restrictions are implemented and whether they are reasonable and proportionate to the situation. Overly broad or heavy-handed limitations could indeed be problematic for democratic freedoms.

And mind you, we all have some unique way of doing things, like in Ondo State, Governor Aiyedatiwa’s approach was to engage constructively with the people to find mutually agreeable ways while maintaining public safety. Transparent communication, good-faith negotiation, and a commitment to protecting fundamental rights, are crucial factors here.

What is your advice for protesters in future on how to coordinate protest without it being hijacked by hoodlums?

It’s everyone’s fundamental right to peacefully protest without affecting others’ fundamental rights. In future, it is essential and very imperative to prioritise careful planning, effective communication, and a strong commitment to peaceful, disciplined protest, these particularly require that law enforcement agencies, media and the authorities are involved.

It is not out of place to first engage government to seek any other alternative to the protest. For example, Governor Lucky Aiyedatiwa of Ondo State engaged with everyone, listened to them and proffered solutions to their complaints and in addition, as Attorney-General of Ondo State, a 24-hour Intervention Unit, Citizens Rights and Advisory Bureau, CRAB, was created  wherein people of the state come with their complaints and enquiries through our dedicated phone lines and other electronic devices to get across to the governor and his aides. By taking these steps, protesters can work to prevent their message from being overshadowed or hijacked by outside agitators.

It does appear many Nigerians were disappointed with Tinubu’s speech after the #EndBadGovernance protest, for not addressing the issues raised by the protesters. How will you react to this?

Presidential speeches and the public’s reactions to them can be complex topics, involving factors like messaging, leadership, and the broader socio-political context.

How President Tinubu’s speech is viewed is subjective depending on who is reviewing it. The essence of the speech is the Presidential reaction to the protest and my take home first is that the President acknowledged the protest and said his administration was ready to listen to, and address the concerns of the protesters. Do not forget that the President humbly made it bold to claim that he has heard their calls “loud and clear” and he promised to fix all the concerns raised. In my opinion, the message gives hope, quite reflective, while trying to sooth the nerves of the aggrieved Nigerians. And, above all, did the speech serve its purpose? I will say yes as the President connected with the people, gave clear directives, and no one is on the street as we speak.

Justice Ariwoola will bow out of the bench in a week’s time. Justice Kekere- Ekun will take over. How will you score the outgoing CJN?

Justice Olukayode Ariwoola, has an eventful tenure as Chief Justice of Nigeria. He assumed the role in 2022 after the sudden resignation of the previous CJN, Justice Tanko Muhammad. During his time as CJN, Justice Ariwoola presided over several high-profile cases and sought to address some of the challenges facing the Nigerian judiciary.

On the positive side, Justice Ariwoola is credited with efforts to improve the efficiency and transparency of court processes. He championed the increased use of technology and Human Resources in court proceedings. During his tenure, the apex court had its full constitutional number of 21 Justices and he pushed for faster resolution of cases. The judiciary also saw improved conditions for court officials under his leadership. During Justice Ariwoola’s tenure, the Supreme Court broadly demonstrated her independence and pro-people and progressive tendencies, as I shall never be quick to forget the President Vs National Assembly matter that I defended successfully before the full panel of the court, CBN’s Currencies Change matter, Local Government Autonomy and host of other cases that accentuated the very best of the Court.

However, Justice Ariwoola also faced criticisms on certain fronts. There were concerns raised about allegations of bias and undue influence in some instances which remain unproven. The judiciary continued to grapple with funding shortfalls and infrastructure challenges during his tenure. We should not also forget the image of the Judiciary today which begs for improvement.

Overall, Baba made many positive strides, but also fell short in fully addressing the very deep-seated problems facing Nigeria’s justice system. The incoming CJN, Justice Kekere-Ekun, will have her work cut out for her in continuing the reform efforts.

What do you know about the incoming CJN and what is your advice for her, going forward?

My noble Lord, Justice Kudirat Kekere-Ekun,  is a highly respected jurist with over 30 years of experience in the Nigerian judiciary. She has served as a Magistrate, then rose to become a Judge, and finally a Justice of the Supreme Court since 2013. She is known for her legal acumen, fairness, forthrightness, and fortitude. I have had several opportunities to appear before her, and I see her as a no-nonsense jurist.

Justice Kekere-Ekun has a reputation for being tough but impartial, with a steadfast commitment to upholding the rule of law.
This will be instrumental in restoring public confidence in the judiciary.
In all sincerity, I consider myself too humble a minion to advise the esteemed Justice Kudirat Motonmori Kekere-Ekun, as she takes on the role of CJN.

However, I will humbly beseech her Grace to consider the following: To prioritize a holistic agenda of judicial reforms, addressing the systemic challenges of inadequate funding, infrastructure deficits, and case backlogs.

To steadfastly work towards enhancing public trust and confidence in the judiciary through unwavering transparency, unimpeachable accountability, and the most steadfast fairness in all judicial proceedings.

To foster a spirit of collaborative synergy between the judiciary, the legislature, and the executive, thereby resolving any tensions and safeguarding the independence of the courts.

To invest diligently in the capacity-building of judges and court staff, while leveraging technological innovations to improve efficiency and widen access to justice.

To champion initiatives that shall promote the noble ideals of gender equality and diversity within the hallowed halls of the judiciary, for this shall undoubtedly strengthen the institution.

It is my fervent prayer that, with her Grace, wealth of experience and her demonstrated commitment to the rule of law, she shall steer the Nigerian judiciary towards a future of unparalleled excellence, despite the significant challenges that lie ahead. Her steady and discerning leadership shall undoubtedly make a most profound difference.

[Vanguard]