The Federal High Court in Abuja has ordered the permanent forfeiture of a Bombardier BD-700 Global 6000 private jet to the Federal Government of Nigeria due to the failure by its operator, Orlean Invest Africa Limited, to pay customs duties since the aircraft was imported in 2015.
In a judgment delivered by Justice James Omotosho in suit FHC/ABJ/CS/1085/2025, the court held that the respondents offered no valid justification to prevent the forfeiture.
The aircraft, bearing Maltese registration mark 9H-GVG and manufacturer’s serial number 9470, entered Nigeria on October 26, 2015, classified as a non-commercial private aircraft.
Justice Omotosho ruled that Orlean Invest Africa Limited breached the Nigeria Customs Service Act, 2023, by neither paying the assessed customs duty of ₦1,044,493,295.54 nor obtaining a Temporary Admission Permit with the required undertaking to re-export the jet within the permitted one- to two-year period. Section 246(a) of the Act prescribes seizure and forfeiture as the penalty for such violations.
The judge described the non-payment as a deliberate effort to deprive the Federal Government of substantial revenue to which it was lawfully entitled.
He stressed that the respondents presented no evidence of any duty payment having been made.
The case stemmed from a 2024 compliance audit by the Nigeria Customs Service (NCS) into private aircraft operating in Nigerian airspace.
The audit, conducted between June 19 and July 19, 2024, identified widespread violations and led to warning notices being issued to affected operators.On June 17, 2025, the court had already granted an interim order for the seizure and detention of the aircraft pending final determination.
The respondents argued that the jet’s foreign registration in Malta and its operation under international charter by Elit’Avia Malta Ltd placed it outside the scope of Nigerian customs obligations.
They also contended that the 2023 Act could not apply retrospectively and pointed to various clearances issued by the Nigerian Civil Aviation Authority (NCAA), including Maintenance and Flight Operations Clearance Certificates.
Justice Omotosho rejected these defences. He held that Section 280(1)–(4) of the Nigeria Customs Service Act, 2023, preserves obligations arising under the repealed Customs and Excise Act.
He further relied on an NCAA circular dated January 17, 2017, which requires all aircraft imported into Nigeria to obtain customs clearance, pay applicable duties, or secure a Temporary Import Permit directives the operator failed to follow, with no proof of compliance submitted.
Mr Okon Efut, SAN, counsel to the Nigeria Customs Service, welcomed the ruling as a landmark decision and the first of its kind in Nigeria.
He commended the judiciary for reinforcing adherence to revenue and import laws.
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