The Federal High Court in Abuja has ordered the forfeiture of a Bombardier BD-700 Global 6000 private jet operated by Orlean Invest Africa Limited to the Nigerian government over unpaid customs duties amounting to N1.04 billion.
The aircraft, imported into Nigeria in 2015, had failed to comply with necessary customs regulations, including the payment of duties and the acquisition of a Temporary Import Permit.
The ruling, delivered by Justice James Omotosho, came after an audit by the Nigeria Customs Service (NCS) uncovered widespread violations of importation and duty compliance rules by private aircraft operators.
The aircraft was imported as a non-commercial private jet but entered the country without fulfilling the required customs obligations.
Justice Omotosho found that Orlean Invest Africa Limited and other parties involved had failed to provide adequate justification for why the jet should not be forfeited to the federal government.
The court emphasized that the aircraft had not met the requirements set by the Nigeria Customs Service Act, which mandates seizure and forfeiture for such breaches. The absence of evidence of duty payment resulted in the deprivation of significant revenue for the government.
The NCS had argued that the aircraft owed N1.04 billion in customs duty, with no proof of the required payments or permits.
The respondents countered, claiming the jet was registered in Malta and operated by Elit’Avia Malta Ltd under international charter. They also cited clearances from the Nigerian Civil Aviation Authority (NCAA) for maintenance and flight operations.
However, the court dismissed these defenses, ruling that obligations under the repealed Customs and Excise Act were still applicable.
Furthermore, the court referenced a 2017 NCAA circular that required aircraft owners importing into Nigeria to obtain customs clearance, pay the requisite duties, or secure a Temporary Import Permit, with an undertaking to re-export the aircraft within an approved period. Since the respondents failed to comply, the court ruled in favor of the Nigerian government.
In its final ruling, the court ordered the permanent forfeiture of the jet to the Nigerian government, describing it as a significant enforcement milestone in the country’s private aviation sector.
This judgment underscores Nigeria’s commitment to ensuring compliance with aviation and customs laws, sending a clear message to private aircraft operators in the country.