A Federal High Court in Abuja has ordered the final forfeiture to the Federal Government of Nigeria of a Bombardier BD-700 Global 6000 aircraft with registration mark 9H-GVG and manufacturer’s serial number 9470, operated by Orlean Invest Africa Limited.
Justice James Omotosho, in a judgment, held that the respondents failed to show cause why the order of final seizure, condemnation, and forfeiture should not be made against them.
The judgment, delivered on January 22 (a certified true copy of which was seen on Tuesday), was on a suit, marked: FHC/ABJ/CS/1085/2025, filed by the Nigeria Customs Service (NCS) against Orlean Invest Africa Limited and the aircraft.
Justice Omotosho held that the respondents did not provide sufficient proof of compliance with Nigeria’s customs laws.
The judge said: “From all the processes filed by the respondents, they have failed to show cause why the 2nd respondent should not be forfeited. Proof of payment of customs duty would have helped their case, but they failed to exhibit the same.
The failure to pay any customs duty since importing the 2nd respondent into Nigeria is a grave breach of the law and affects the revenue flow of the Federal Government of Nigeria.
“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 respondents have not shown any specific evidence showing that the duty assessed is wrong, either by means of proof of some repayment.
“The respondents only made a blanket statement of how the duty was assessed, and they insisted that they are not liable to pay customs duty.
“It is therefore clear that the Respondents are liable to pay customs duty on the 2nd Respondent. The customs duty assessed is still presumed correct.
“In final analysis, the case of the Applicant has merit and the same is hereby granted as prayed. It is therefore ordered as follows:
“This honourable court hereby orders the final seizure, condemnation and forfeiture of BOMBARDIER BD-700 GLOBAL 6000 with Registration Mark 9H-GVG and manufacturer’s serial No. 9470 at any airport in Nigeria to the Federal Government of Nigeria,” Justice Omotosho said.
The case was filed by the NCS following an audit exercise conducted on private aircraft operating in Nigerian airspace in 2024 to determine the regularity of their operations in the context of importation and exportation processes under customs laws.
Customs said it discovered that many private aircraft were operating in violation of the payment of appropriate duties and accordingly issued warning notices.
The plaintiff said it assessed the customs duty liability of Orlean Invest Africa Limited at ₦1,044,493,295.54.
Plaintiff’s lawyer, Okon Efut (SAN), the principal partner at Okon N. Efut, SAN & Associates, commended the courage of the Judiciary in ensuring that extant laws are complied with by all, irrespective of status, describing the ruling as groundbreaking and the first of its kind in Nigeria.