The Federal High Court, Abuja, has ordered the final seizure, condemnation, and forfeiture of a Bombardier BD‑700 Global 6000 aircraft (registration mark 9H‑GVG, manufacturer’s serial number 9470), operated by Orlean Invest Africa Limited, to the Federal Government of Nigeria.
In its judgment delivered on 22 January 2025 in Suit No. FHC/ABJ/CS/1085/2025 between the Nigeria Customs Service (applicant) and Orlean Invest Africa Limited alongside the aircraft (respondents), the court held that the respondents failed to demonstrate compliance with Nigeria’s customs laws and thus could not resist the relief sought.
Justice James Omotosho, presiding, ruled that the respondents provided no proof of payment of import duties or evidence of a Temporary Import Permit. The court noted that the aircraft, imported into Nigeria on 25 October 2015 as a non‑commercial private jet, had remained in operation without fulfilling statutory obligations under the Nigeria Customs Service Act, 2023.
The Nigeria Customs Service had assessed Orlean Invest Africa Limited’s duty liability at ₦1,044,493,295.54, following an audit of private aircraft operations in Nigerian airspace in 2024. The audit revealed widespread violations of customs duty requirements, prompting enforcement actions.
Justice Omotosho emphasized that under Section 246(a) of the Nigeria Customs Act, the penalty for failure to pay import duty is seizure and forfeiture. He observed that the respondents’ conduct deprived the Federal Government of revenue and amounted to an attempt to evade lawful obligations by hiding under foreign ownership.
The court’s final pronouncement stated: “This honourable court orders the final seizure, condemnation and forfeiture of the Bombardier BD‑700 Global 6000 with registration mark 9H‑GVG and manufacturer’s serial number 9470 at any airport in Nigeria to the Federal Government of Nigeria.”
Reacting to the judgment, Mr. Okon Efut, SAN, counsel to the Nigeria Customs Service, commended the judiciary for its courage in enforcing compliance with extant laws. He described the ruling as groundbreaking and unprecedented in Nigeria, underscoring the principle that no entity is above the law.
