The Federal High Court in Abuja has ordered the final seizure and forfeiture of a Bombardier BD-700 Global 6000 aircraft to the Federal Government, following a suit filed by the Nigeria Customs Service over alleged violations of customs regulations.
In a judgment delivered on January 22, Justice James Omotosho granted the request of the Nigeria Customs Service in suit number FHC/ABJ/CS/1085/2025, ruling that Orlean Invest Africa Limited and the aircraft failed to show cause why the jet should not be permanently seized.
The aircraft, bearing registration mark 9H-GVG and manufacturer’s serial number 9470, was listed as the second respondent in the matter. The court held that the respondents did not provide satisfactory evidence of compliance with Nigeria’s customs laws.
The case arose from an audit carried out by the Nigeria Customs Service in 2024 on private jets operating in Nigerian airspace to verify compliance with importation procedures and payment of duties. According to Customs, several aircraft were found to be operating in breach of applicable regulations, prompting the issuance of warning notices to operators.
In the case of Orlean Invest Africa Limited, Customs assessed outstanding duty liability at over ₦1.04 billion, leading to the legal action seeking an order of final seizure, condemnation and forfeiture of the aircraft wherever found within Nigeria.
The application was backed by a 19-paragraph affidavit deposed to by a Superintendent of Customs attached to the Office of the Director of Legal Services, detailing the agency’s findings and the alleged infractions.
Delivering judgment, Justice Omotosho held that the aircraft was imported into Nigeria on October 25, 2015, as a non-commercial private jet but that no evidence was presented to show that import duty had been paid or that a Temporary Import Permit had been obtained, as required under the Nigeria Customs Service Act 2023.
The judge ruled that the failure to meet these obligations constituted a breach of the law, for which the prescribed penalty includes seizure and forfeiture. He noted that the respondents did not present any proof of duty payment throughout the proceedings.
The court further observed that operating the aircraft in Nigeria without settling the required customs duties deprived the Federal Government of due revenue and amounted to a serious violation of customs regulations.
Justice Omotosho subsequently ordered the final seizure, condemnation and forfeiture of the Bombardier BD-700 Global 6000 aircraft to the Federal Government of Nigeria, directing that the order applies to the aircraft at any airport within the country.
