By Waziri Isa Adam
The Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), Professor Muhammed Tawfiq Ladan, has advised on the observance of established principles of international law to avoid national embarrassment in the recent dispute between a Chinese company, Messrs Zhongshan F.I.I Coy Ltd, and the Ogun State Government, which led to the seizure of three Nigerian presidential jets in France.
The Legal Icon stressed that sub-national entities like Ogun State are not subjects of international law, and the federal government is directly answerable for their actions. “This was a basic principle that should have guided our international transactions,” he added.
The Supreme Court of Nigeria has unequivocally upheld this principle of international law in the 2002 case of Attorney General of the Federation v. Attorney General of Abia State (No.2).
Professor Ladan emphasized that the restrictive concept of immunity applies, denying sovereign/diplomatic immunity in commercial transactions, as seen in the 2007 case of African Re-corp v. JDP Construction Ltd.
The Director General noted that Ogun State’s actions exposed Nigeria to unnecessary legal and financial risks. “As a nation, we should have taken responsibility for our actions and ensured that our sub-national entities did not commit us to agreements without proper scrutiny.”
Professor Ladan recommended that the Ministry of Foreign Affairs and the Office of the Attorney General should conduct joint reviews with technical experts to scrutinize proposed agreements and advise on legal implications.
Professor Ladan further suggested that establishing a national database to document and track agreements and monitor compliance was crucial.
The legal icon emphasized that Nigeria should have learned from this incident and taken corrective action to avoid similar embarrassments.
The law scholar of international repute advised that by embracing a more informed and cautious approach to international trade and commercial transactions, Nigeria could have protected its nation’s interests and maintained its sovereignty.