According to a court document obtained by SaharaReporters, the officials were subjected to beatings, deprivation of food and water, and arrest at gunpoint.
A US court has made damning allegations against the Ogun state government and Nigerian police, accusing them of human rights abuses against executives of Zhongshan Fucheng Industrial CO. Limited.
According to a court document obtained by SaharaReporters, the officials were subjected to beatings, deprivation of food and water, and arrest at gunpoint.
The United States Court of Appeals for the District of Columbia Circuit made these findings in a case involving Zhongshan Fucheng Industrial Investment Co. Ltd. (Appellee) and the Federal Republic of Nigeria (Appellant), argued on April 22, 2024, and decided on August 9, 2024.
The court papers also reveal that the Chinese firm's officials were threatened. This case is linked to the controversy surrounding the confiscation of Nigeria's presidential aircraft abroad.
In a court opinion filed by Judge Millett of the Columbia circuit court, it was stated that the development occurred at the onset when Ogun state was attempting to terminate the contracts entered into with the Chinese firm on establishing a free trade zone in the state.
In 2010, the Ogun Guangdong Free Trade Zone Company contracted with Zhongshan’s parent company to develop an industrial park in the free-trade zone.
The court papers noted that the goal was for Zhongshan’s parent company to develop the park and build factories in it for zone tenants to use.
“In the first half of 2016, however, Ogun State terminated its agreements with Zhongshan. Ogun claimed that a different Chinese company was legally entitled to Zhongshan’s share of the free-trade zone and that Zhongshan had defrauded Ogun,” the document says.
It reads, “Things continued to deteriorate. One Ogun official texted a Zhongshan executive urging him ‘as a friend’ to ‘leave peacefully when there is opportunity to do so, and avoid forceful removal, complications[,] and possible prosecution[.]’
“The next month, Ogun issued an arrest warrant for two executives, alleging ‘criminal breach of trust[.]’ Nigerian federal police arrested one Zhongshan executive at gunpoint and held him for ten days. During that time, the police denied the executive food and water, beat him, intimidated him, and questioned him about the whereabouts of the other executive.
“It was noted that in the following month, Ogun issued an arrest warrant for two executives, alleging ‘criminal breach of trust.’”
On Thursday, the Special Adviser on Media and Strategy to the Governor of Ogun State, Hon. Kayode Akinmade, noted that it’s attempt to negotiate with Zhongshan which was initially being considered by the organization was reversed.
Akinmade said the attention of the Ogun State Government was drawn to the provisional attachment of three Nigerian government owned aircraft in France by the Chinese company, Zhongshan Fucheng Industrial Investment Co. Ltd. (“Zhongshan”).
According to him, Ogun State also learned of two orders of the Judicial Court of Paris dated 7 March 2024 and 12 August 2024 respectively, both obtained by Zhongshan without notice being duly given to the Federal Government of Nigeria, Ogun State or their legal counsel.
"This is the latest in a series of ill-advised attempts by Zhongshan to attach Nigerian-owned assets in foreign jurisdictions, none of which have to date led to the recovery of any sums from Nigeria,” he said.
He said each of the three aircraft is used solely for sovereign purposes and as such are immune from attachment under international and French law.