The former Attorney General of the Federation (AGF) and Justice Minister, Michael Aondoakaa (SAN) has said that there’s a possibility of getting back the presidential jets seized in connection with a Chinese company, Zhongshan Fucheng Industrial Investment Company Limited because presidential planes cannot be used for commercial transactions….READ FULL ARTICLE...READ THE FULL ARTICLE HERE ▶▶
Aondaokaa who spoke on Arise TV on Monday stated that presidential planes enjoy absolute sovereign immunity.
He said, “But now where I have a major quarrel with the Chinese people is that the sovereign immunity even after the New York conventions have been classified into two absolute sovereign immunity, properties that belong to the state which the state uses for operational state not commercial basis are in that considered sovereign immunity.
“For instance military hard wares and presidential planes, because presidential planes are not used for commercial purposes. Presidential planes are used basically for state functions and ought to enjoy absolute sovereign immunity. Sovereign immunity, like money in the treasury that is in the central bank, you can’t attach because it enjoys sovereign immunity. You have to lead evidence to show whether the planes seized are for the purpose of commercial transactions.
He added, “I can’t see how a presidential plane anywhere in the world including China can be used for commercial transactions. So I’m still thinking Nigeria has a case to make to retrieve those presidential planes because they enjoy absolute sovereign immunity.
Speaking further he said, “But now sovereign immunity operates in two ways. What the Appeal Court in the U.S. did was the procedure aspect. I’m afraid people will say the Appeal Court said they can attach Nigerian properties everywhere. I don’t think that was this extreme position by those who frightened the country. Recognition of a word has to be country by country. When you register the country we evaluate it.
“On two areas the country will look at is, did the arbitrators who rendered that final bidder exceeded their jurisdiction or was the arbitrary award contrary to public policy,” he added….READ FULL ARTICLE
