The Federal High Court in Abuja has ordered the forfeiture of a Bombardier BD-700 Global 6000 private jet to the Federal Government of Nigeria.
The aircraft, operated by Orlean Invest Africa Limited, was seized over the non-payment of N1.04 billion in customs duty since its importation in 2015.
The judgment was delivered by Justice James Omotosho on Tuesday, as reported by the News Agency of Nigeria (NAN).
The ruling followed a suit filed by the Nigeria Customs Service (NCS) after an audit of private aircraft operating in Nigerian airspace uncovered widespread violations of importation and duty compliance rules.
What the report is saying
According to NAN, Justice Omotosho ruled that Orlean Invest Africa Limited and other respondents failed to justify why the aircraft should not be forfeited to the Federal Government.
The court found that the jet, imported into Nigeria on October 26, 2015 as a non-commercial private aircraft, entered the country without payment of customs duty or a Temporary Import Permit.
The judge held that the failure to meet these requirements violated the Nigeria Customs Service Act, which prescribes seizure and forfeiture for such breaches, noting that the respondents provided no evidence of duty payment and deprived the government of significant revenue.
“The Federal High Court in Abuja has ordered the final forfeiture of a Bombardier BD-700 Global 6000 private jet operated by Orlean Invest Africa Limited to the Federal Government over its failure to pay customs duty since its importation into Nigeria in 2015.
“Justice James Omotosho, in a judgment, held that the respondents failed to show any justification for why the aircraft should not be forfeited to the Federal Government of Nigeria,” the report read in part.
Details of the case
The Nigeria Customs Service (NCS) said the aircraft owed N1.04 billion in customs duty and was imported without the required permits or approvals.
The respondents argued the jet was foreign-registered in Malta, operated under international charter by Elit’Avia Malta Ltd, and that the 2023 Customs Service Act could not apply retrospectively.
- They also cited NCAA clearances, including maintenance and flight operations certificates.
- Justice Omotosho dismissed these claims, ruling that obligations under the repealed Customs and Excise Act still applied. He referenced a January 17, 2017, NCAA circular directing all aircraft owners importing into Nigeria to obtain customs clearance, pay duties, or secure a Temporary Import Permit with an undertaking to re-export within the approved period.
The court found the respondents failed to comply and offered no proof of duty payment. The case followed an NCS audit between June and July 2024, reviewing compliance among private aircraft.
In its final ruling, the court ordered permanent forfeiture of the jet to the Federal Government, calling it a significant enforcement milestone in Nigeria’s private aviation sector.
More insights
The issue of jets entering Nigeria without proper documentation has been a recurring problem for years.
- In June 2024, the Nigeria Customs Service (NCS) launched a verification exercise to identify private aircraft imported without the necessary permits and ensure compliance.
- The exercise also aimed to recover owed duties and protect Nigeria’s airspace and economic interests.
What you should know
As of August 2021, the NCS disclosed that 30 of 65 verified private planes in Nigeria were required to pay duties.
- Many had entered under Temporary Importation agreements, which allowed operation without immediate duty payment.
The exercise became necessary after some owners refused to settle duties when the agreements expired.
