The Federal High Court in Abuja has ordered the final seizure, condemnation, and forfeiture of a Bombardier BD-700 Global 6000 private aircraft operated by Orlean Invest Africa Limited, over violations of Nigeria’s customs laws.
In a judgment delivered on January 22 in Suit No. FHC/ABJ/CS/1085/2025, Justice James Omotosho ruled in favour of the Nigeria Customs Service (NCS), ordering that the aircraft, bearing registration mark 9H-GVG and manufacturer’s serial number 9470, be forfeited to the Federal Government of Nigeria.
The court held that the respondents—Orlean Invest Africa Limited and the aircraft—failed to show cause why a final order of seizure and forfeiture should not be made against them. A Certified True Copy of the judgment, sighted on Tuesday, revealed that the court found no sufficient evidence of compliance with applicable customs regulations.
The suit arose from an audit conducted by the Nigeria Customs Service in 2024 on private aircraft operating within Nigerian airspace, aimed at verifying compliance with importation and exportation procedures under customs laws.
The audit uncovered widespread violations, particularly the non-payment of appropriate customs duties by several private aircraft operators, prompting the issuance of warning notices.
Following its assessment, the NCS determined that Orlean Invest Africa Limited owed customs duties amounting to ₦1,044,493,295.54, leading to the institution of the suit seeking an order for the aircraft’s forfeiture.
The application, supported by a 19-paragraph affidavit sworn to by Simi Adamson, a Superintendent of Customs attached to the Office of the Director of Legal Services, sought a single relief: an order for the final seizure, condemnation, and forfeiture of the aircraft at any Nigerian airport.
In his ruling, Justice Omotosho found that the aircraft was imported into Nigeria on October 25, 2015 as a non-commercial private jet but that Orlean Invest Africa Limited neither paid import duties nor obtained a Temporary Import Permit, in clear breach of the Nigeria Customs Service Act, 2023.
The judge noted that under Section 246(a) of the Act, such violations attract the penalty of seizure and forfeiture.
“The respondents submitted no proof of payment of customs duties and have, in fact, deprived the Federal Government of Nigeria of revenue,” Justice Omotosho stated.
The court further held that the respondents failed to justify why the aircraft should not be forfeited, emphasizing that the absence of any proof of duty payment since its importation constituted a grave breach of the law and adversely affected government revenue.
“Hiding under foreign ownership to operate aircraft in Nigeria for years is nothing more than an attempt to cheat the government of revenue due to it,” the court ruled.
Consequently, the court ordered the final seizure, condemnation, and forfeiture of the Bombardier BD-700 Global 6000 to the Federal Government of Nigeria.
Reacting to the judgment, counsel to the Nigeria Customs Service, Mr Okon Efut, SAN, described the ruling as groundbreaking and the first of its kind in Nigeria, commending the judiciary for upholding the rule of law and ensuring compliance with extant regulations, regardless of status.
