Zhongshan Fucheng Industrial Investment Company Limited, a Chinese company, has reported that during a contractual dispute with the Ogun State Government, police brutalised and arbitrarily imprisoned several of its top personnel.
According to the company, the mistreatment forced it to pursue the seizure of Nigerian assets abroad.
The news of the confiscation of three of Nigeria’s presidential jets, as mandated by a French court, dominated the media on Thursday.
Three of the aircraft were Airbus 330s that Nigeria had purchased but not yet delivered. The other two aircraft, a Dassault Falcon 7X and a Boeing 737, were recently listed for sale as part of Nigeria’s presidential air fleet.
Ex parte decisions made on March 7 and August 12, 2024 by the Paris judicial court resulted in the seizure of the planes, which were undergoing routine maintenance.
The confiscation happened after the Chinese corporation filed lawsuits against the Ogun State Government and the Federal Government of Nigeria over the breach of a contract.
Zhongshan was subsequently given a compensation verdict of approximately $74.5 million by an arbitral tribunal; however, the state administration disregarded the decision.
The corporation then requested the involvement of a French court, which issued an order for the Federal Government’s aircraft, including an Airbus 330, a Boeing 737, and a Dassault Falcon 7X at Basel-Mulhouse Airport in Switzerland, to be seized.
It has been reported that because of the claimed attack on its staff, Zhongshan may have rejected all settlement talks on reasonable terms put forth by the Ogun State Government.
In its claim statement to the French court, Zhongshan alleged that following threats, members of its management team in Nigeria suffered bodily damage.
The company said that police working on orders from the state government had verbally and physically attacked its employees, including Mr. Wenxiao Zhao, the Chief Financial Officer of Zhongfu Nigeria Ltd., a subsidiary of Zhongshan.
Zhongshan asserted in its statement of claim filed through Withers LLP and Radix Legal & Consulting Limited that it suffered a $1.078 billion loss as a result of the contract’s termination.
The company stated, “The draconian actions of the Nigerian authorities included the Secretary to the Ogun State Government (Taiwo Adeoluwa) directly threatening Zhongfu Nigeria’s Chief Executive Officer, Dr Jianxin Han, to leave peacefully when there is an opportunity to do so, and avoid forceful removal, complications, and possible prosecution.
“As if this treatment were not appalling enough, the Nigerian authorities followed through on their threats of physical harm to the claimant’s management team in Nigeria. The police arrested the Chief Financial Officer of Zhongfu Nigeria, Mr Wenxiao Zhao, detained him without basis or explanation in terrible conditions, and physically beat him on two occasions before releasing him—without any charge—after a week in two jails.”
Recounting his ordeal in police custody, Zhao said, “One police officer in uniform came over to me and slapped me twice on the face. Then the police officers who brought me there took me to a room where they asked me to sign a piece of paper.
“They did not say or explain what this paper was or what it said. I refused to sign the piece of paper. The police officers then took my flip-flops and placed me in a courtyard with a number of cells surrounding it. It was dark and cold, and I was standing at the gate to one of the cells.
“Another prisoner came out of that cell and asked why I was taken. I did not speak. There were also some other people who had been brought to the courtyard, and the prisoner told us to stand side by side and asked whether we had money and why we were there. If someone had no money, he would slap them.
“Then the prisoner took me aside and asked me to speak. He said that if I did not speak, he would beat me with a club. Later, a second prisoner took me aside and told me not to be afraid. However, the first prisoner came back and threatened me with a club and asked me to speak, which I did not do.
“On what I think was the third day in the Abuja police station, a lot of people were brought into the office. The police officers moved me to another office. The police officer then approached me asking what happened. I did not respond, and he hit me twice, first on the neck and the second time on the head with a fist. It was painful, and I felt numb.
“Fearing for their safety, Zhongfu Nigeria’s management team was forced to leave Nigeria. Zhongfu Nigeria tried to take preventive legal steps in the Nigerian courts to preserve their rights, but the Ogun State Government, NEPZA, and the police orchestrated the complete evisceration of the claimant’s investment in Nigeria.”
The Special Advisor on Media and Strategy to the Governor of Ogun State, Kayode Akinmade, responded that the administration of Governor Dapo Abiodun was unaware of the Chinese firm’s assertions and was unable to address them when approached over the threat accusation.
Akinmade said, “The incident happened over three years before the present administration came on board. I can’t speak on something we know nothing about. We don’t know what happened at that time. But we will ensure our people are not shortchanged or defrauded through fraudulent judgment.”.
According to Omolola Odutola, the public relations officer for Ogun State Police, the police were not involved in the situation.
She said, “It is not a police issue; we are not involved. It doesn’t have anything to do with us.”
Yemi Farounbi, a former Nigerian ambassador to the Philippines, commented on the situation and called the presidential jet seizure a needless diplomatic humiliation.
He claimed that the development was a consequence of the carelessness of some state governments.
“It is a testimony of the irresponsibility of some of our state governments in the kinds of agreements they enter into.
“It is unfortunate, particularly when our presidential jets, and as I also read, some of our buildings and other properties somewhere, are being held because the state government made an irresponsible arrangement with a foreign company.
“It becomes important for us to verify the terms and conditions of some of these foreign contracts we go into, so that we don’t mortgage the future of our country, citizens, and indeed our properties, because we have not taken adequate care in examining critically the terms of the agreements or contracts that we enter into. What happened is an international embarrassment that is avoidable,” Forunbi stated.
A spokeswoman for the Chinese company stated on Friday that “Zhongshan has been made aware that an Airbus A330, currently detained in France as a result of a French court order obtained by Zhongshan, is needed for the President of the Federal Republic of Nigeria to travel to a scheduled meeting with President Macron of France early next week.”
“As a gesture of goodwill, Zhongshan has lifted the seizure of that aircraft immediately. This will allow it to be used for the president’s trip.”
