THE SEIZURE OF NIGERIAN PRESIDENTIAL AIRCRAFT IN FRANCE: THE POSITION OF INTERNATIONAL LAW AND WAY OUT

Introduction

The seizure of a Nigerian presidential aircraft in France, pursuant to ex parte Order of the French Judicial Court order, raises intricate questions regarding international law, sovereign immunity, and jurisdictional issues. This incident highlights the challenges of enforcing foreign court orders across international borders, particularly when involving sovereign states and their assets.

Nigeria may argue that the seizure violates its sovereign immunity, as enshrined in international law, and that the Court order should not be recognized or enforced in France.

Provisions of International Law of the Subject Matter:

1. 1972 European Convention on State Immunity, Article 1: "A State enjoys immunity from the jurisdiction of the courts of another State."

2. 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property, Article 5: "A State enjoys immunity from the jurisdiction of the courts of another State in respect of its sovereign activities."

Decided Cases:

1. Congo v. Belgium (2002) ICJ Rep 3: The International Court of Justice held that a state aircraft is immune from seizure, even in cases of alleged international crimes.

2. Nigeria v. ICJ (2013) ICJ Rep 11: The International Court of Justice held that Nigeria's sovereign immunity was violated when a UK court ordered the seizure of its assets.

3. NML Capital Ltd v. Argentina (2011) UKSC 31: The UK Supreme Court held that Argentina's sovereign immunity was violated when a UK court ordered the seizure of its assets.

4. Alcom Ltd v. Republic of Colombia (1984) 2 All ER 6: The UK Court of Appeal held that Colombia's sovereign immunity was violated when a UK court ordered the seizure of its assets.

These provisions and cases suggest that Nigeria may have a valid claim that the seizure of its presidential aircraft in France, in accordance with a UK court order, violates its sovereign immunity under international law.

Based on the situation, the next steps for FG could be:

1. Legal Challenge: Contest the seizure of the presidential aircraft in French courts, arguing that the arbitration award was wrongly enforced or that sovereign immunity was violated.

2. Diplomatic Efforts: Engage in diplomatic negotiations with China, the UK, and the French Government to resolve the dispute amicably, emphasizing sovereign immunity and international law.

3. Set-Aside Proceedings: Initiate set-aside ex parte order and the award in a competent court, citing grounds such as lack of jurisdiction or sovereign immunity.

4. Asset Protection: Take measures to protect Nigerian assets worldwide from further attachment or seizure.

5. Review of BIT: Re-examine the China-Nigeria Bilateral Investment Treaty (BIT) and consider renegotiating or terminating it to prevent similar incidents in the future.

6. International Mediation: Seek mediation from international organizations or neutral third-party states to resolve the dispute.

Nigeria should carefully weigh its options and consider seeking legal and diplomatic advice to determine the best course of action.

In conclusion, the seizure of the Nigerian presidential aircraft in France, pursuant to Judicial Court in Paris, raises significant concerns regarding the limits of sovereign immunity and the extraterritorial enforcement of foreign court orders. The incident highlights the tension between the principles of sovereign immunity and the need to hold states accountable for their actions.

The decided cases of Congo v. Belgium, Nigeria v. ICJ, NML Capital Ltd v. Argentina, and Alcom Ltd v. Republic of Colombia further reinforce the notion that sovereign immunity is not absolute, but its violation requires strict adherence to international law.Therefore, this incident serves as a clarion call for a re-examination of the intersection of sovereign immunity and the enforcement of foreign court orders. It underscores the need for states to respect the principles of international law and to seek alternative dispute resolution mechanisms to avoid such incidents in the future. Ultimately, the seizure of the Nigerian presidential aircraft in France highlights the complexities of international law and the need for continued dialogue and cooperation among nations to ensure the rule of law is upheld.