A Federal High Court in Abuja has ordered the final forfeiture of a private jet to the Nigerian government due to unpaid customs duties. The Bombardier BD-700 Global 6000 jet, operated by Orlean Invest Africa Limited, was imported into Nigeria in 2015 without paying the required duties. Justice James Omotosho delivered the judgment, stating that the respondents failed to provide justification for not forfeiting the aircraft.
The jet, with registration mark 9H-GVG, was brought into the country as a non-commercial private aircraft on October 26, 2015. However, the company failed to obtain a Temporary Import Permit or pay the necessary customs duties, violating the Nigeria Customs Service Act. The law prescribes seizure and forfeiture as penalties for such breaches. The Nigeria Customs Service assessed the outstanding customs duty liability at 1,044,493,295.54.
The respondents argued that the aircraft is foreign-registered in Malta and operated under international charter, but Justice Omotosho dismissed these arguments. He stated that the Nigeria Customs Service Act preserves obligations under the repealed Customs and Excise Act. The judge also relied on a Nigerian Civil Aviation Authority circular that mandates aircraft owners to obtain customs clearance and pay duties or secure a Temporary Import Permit.
The case arose from an audit exercise conducted by the Nigeria Customs Service in 2024, which revealed widespread violations of importation compliance among private aircraft operating in Nigerian airspace. The court had earlier ordered the interim seizure and detention of the aircraft pending a final determination. With the final ruling, the court ordered the aircraft’s permanent forfeiture to the Federal Government of Nigeria.
The lawyer to the Nigeria Customs Service, Okon Efut, praised the judiciary for enforcing compliance with existing laws, describing the decision as groundbreaking. The ruling highlights the importance of adhering to customs regulations and the consequences of non-compliance. The forfeiture of the private jet serves as a significant example of the government’s efforts to enforce revenue collection and compliance with customs laws.
