Senator lbikunle Amosun , top left, Ogun Guangdong Free Trade Zone, right, and Nigeria’s Presidential planes.

Mr Femi Falana, a Senior Advocate of Nigeria and human rights crusader, has explained why the Chinese company has been desperate in the case between it and Ogun State over the seizure of Nigeria’s presidential planes.

In the words of the senior lawyer, the federal government did not guarantee any loan in the Chinese/ Ogun State agreement.  To that extent, the judgment will be set aside, and the planes will be released to the federal government.

The Chinese company, as he argued, will then be forced to register the foreign judgment in a domestic court to implement it in the country.  However, the Chinese company is mandatorily required to seek and obtain the leave of the Attorney-General of the Ogun State Government to enforce the judgment!

“Since the AGF and State AGs never grant the request for leave, judgments against Nigerian governments cannot be enforced in domestic courts. Hence, the desperation of the Chinese company.”

Below is Falana’s statement:

Beyond The Seizure of Presidential Planes

Femi Falana

The federal government did not guarantee any loan in the Chinese/ Ogun State agreement.  To that extent, the judgment will be set aside, and the planes will be released to the federal government.

The Chinese company will then be forced to register the foreign judgment in a domestic court to implement it in the country.

However, the Chinese company is mandatorily required to seek and obtain the leave of the Attorney-General of the Ogun State Government to enforce the judgment!

Since the AGF and State AGs never grant the request for leave, judgments against Nigerian governments cannot be enforced in domestic courts. Hence, the desperation of the Chinese company.

Despite section 287 of the Constitution which provides that the judgments and orders of the Federal High Court, Court of Appeal and Supreme Court are binding on all authorities and persons, Nigerian courts have continued to uphold the colonial law which stipulates that judgments cannot be enforced against governments without the authority of the AG.

It is hoped that this experience will compel Nigeria to review the colonial law, which requires all judgment creditors to obtain the leave of AGs to levy execution against public assets or garnishee the accounts of Nigerian governments.

Femi  Falana SAN.