In a move reminiscent of the P&ID dispute, Chinese company Zhongshan Fucheng Industrial Investment Co. Limited is attempting to confiscate a £20 million judgement cost awarded to Nigeria by a UK appeal court last month.

The company had previously secured a court judgement in France to seize two Nigerian presidential planes and is now targeting two properties in Liverpool owned by the Nigerian government.

The dispute stems from a joint venture agreement between Zhongshan and Ogun State, which was later revoked by the state government. In March 2021, an arbitration tribunal awarded $74.5m (£57.8m) in compensation to the Chinese firm, which Ogun State reportedly refused to pay.

Attorney-General of the Federation and Minister of Justice Lateef Fagbemi accused the Chinese firm of using arm-twisting tactics to seize Nigerian assets in foreign jurisdictions. Former Ogun State Governor, Senator Ibikunle Amosun, called Zhongshan an imposter and labeled their attempt to seize Nigerian assets unlawful.

Nigeria lost its appeal against the arbitration award due to its inability to prove allegations of misrepresentation and concealment of facts against Zhongshan. The arbitration tribunal found no evidence to support Nigeria’s claims that a Chinese company, CAI, and its parent company had been liquidated and wound up without successor companies, rendering CAI incapable of executing the free trade zone project.

The US appellate court agreed with the district court that the FSIA’s arbitration exception stripped Nigeria of its sovereign immunity in this case, as the Final Award arose from a legal relationship and satisfied the requirements of the New York Convention.

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