By Remilekun Awokoya
Two former governors of Ogun State, Ibikunle Amosun and Gbenga Daniel, have vowed to support Federal Government’s efforts to recover the national assets seized by a French court.
A Chinese firm, Zhongshan Fucheng Industrial Investment Company Limited, had got judgment from the court, which led to the seizure of three presidential jets– a Dassault Falcon 7X, a Boeing 737 and an Airbus 330.
In 2007, the Ogun State Government entered into a joint venture agreement with Zhongshan and another company to create the Ogun Guangdong Free Trade Zone Company.
But in the first half of 2016, the agreement between the parties broke down, leading to Zhongshan filing lawsuits in Nigerian federal and state courts to seek reinstatement of its contractual rights, which failed.
However, after taking the case before the French court, the company was awarded damages. The court prohibited Nigeria from moving or selling three presidential jets until the Chinese firm was paid the $74.5m awarded by the court.
The former governors, in separate statements on Saturday, described Zhongshan as a scammer, adding that there was no basis for the company’s claims to compensation.
Amosun, in a statement he signed on Saturday, said Nigeria should not give Zhongfu (also called Zhongshan) any listening ear, as doing so would amount to encouraging “an unlawful entity without locus standi to appropriate our common patrimony.”
He insisted that there was no basis for negotiation.
He said, “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.
“Our administration assumed office on May 29, 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.
“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 neighboring communities.
“There were claims and counter-claims 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.
“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.”
The politician noted that on March 15, 2012, the state government appointed Zhongfu as an interim zone manager.
He said the decision was to prevent unwholesome development in the zone pending the completion of a fact-finding exercise.
However, the former governor said the state later discovered that Zhongfu’s claims against China Africa were lies.
According to him, Zhongfu’s actions were aimed at de-marketing China Africa and converting state-owned assets of Guangdong Province in China.
Amosun added that after receiving a diplomatic note from the Government of China dated March 11, 2016, the state government discovered that China Africa was the rightful investor.
“After due consultation with the relevant organs of government, we gave effect to the request of the Chinese government.
“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,” he noted.
Amosun insisted that a final judgement delivered on March 29, 2017 indicated the matter was a trade dispute between two Chinese entities without connection with either Ogun State or the Federal Government.
He noted that attempts by Zhongfu to petition different authorities in Abuja failed, as his administration defended its actions at all levels before leaving office in May 2019.
“It is 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 have 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,” he stated.
On his part, Daniel said he was ready to provide documents that would help the Federal Government pursue the case against the Chinese firm.
The Senator representing Ogun East Senatorial District also promised to help President Bola Tinubu to find “a diplomatic resolution to the national embarrassment.”
Daniel described the legal conundrum as a sensitive matter involving collective national assets and commonwealth which every Nigerian should be concerned about.
“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 emphasise 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,” he added.
FG warns states
Meanwhile, the Federal Government has warned the 36 state governments against entering foreign or international negotiations without the input of the Ministry of Foreign Affairs.
The Minister of Foreign Affairs, Yusuf Tuggar, stated this in a statement on Saturday in Abuja amid the contractual dispute between the Ogun State Government and Zhongshan.
Tuggar emphasised the importance of registering international arrangements with the Ministry of Foreign Affairs and Federal Government to avoid similar issues in the future.
The minister noted that the Ogun State Government’s agreement with the Chinese company was made without the knowledge of the Federal Government, which resulted in the seizure of national assets.
He stressed that foreign negotiations required experienced individuals with necessary skills and training, and sub-national actors should not engage in such agreements alone.
The statement added, “This is part of the problem when sub-national actors like state governments take it upon themselves to go into agreements, go into international arrangements, without recourse to the Ministry of Foreign Affairs, without recourse to the Federal Government, and then when it goes awry, we are left with the problem to deal with.
“That is why it is always important that such arrangements should be registered with the mission there, with the embassy, with the Ministry of Foreign Affairs, and with the Federal Government.
“This is something that Ogun State, under a different administration, not this governor, entered into that we’re not aware of.
All we know is that they’re going after Nigerian assets. That’s why, really, foreign or international negotiations are not the purview of sub-national actors.
“You should always have those that are experienced in such an area that have the necessary skills and the necessary training to negotiate these sorts of agreements.”