Femi Falana, a Senior Advocate of Nigeria (SAN), has shed light on the legal intricacies surrounding the case and the broader implications for enforcing judgments against Nigerian governments.
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According to Falana, the federal government did not guarantee any loan in the agreement between the Chinese company and the Ogun State government. As a result, he believes that the judgment will be set aside, and the planes will be released to the federal government.
However, the Chinese company will then be required to register the foreign judgment in a domestic court to enforce it within Nigeria. This process involves seeking and obtaining the leave of the Attorney-General of the Ogun State Government, a mandatory step that Falana argues is rarely granted.
“Since the AGF & State AGs never grant the request for leave, judgments against Nigerian governments can not be enforced in domestic courts. Hence, the desperation of the Chinese company,” Falana explained.
Despite the provisions of section 287 of the Constitution, which state that judgments and orders of the Federal High Court, Court of Appeal, and Supreme Court are binding on all authorities and persons, Nigerian courts have continued to uphold a colonial law that requires judgment creditors to obtain the leave of AGs to levy execution against public assets or garnishee the accounts of Nigerian governments.
Falana expressed hope that this experience will compel Nigeria to review this colonial law, which he believes hinders the effective enforcement of judgments against Nigerian governments.
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