ElitAvia jet
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 judgment, in the suit marked: FHC/ABJ/CS/1085/2025, was delivered by Justice Omotosho on Thursday but its certified true copy sighted on Tuesday.
The judge found that the jet, bearing Registration Mark: 9H-GVG and Manufacturer’s Serial Number: 9470, was imported into Nigeria on Oct. 26, 2015 as a non-commercial private aircraft.
He said failure of Orlean Invest Africa Limited to pay the required customs duty or obtained a Temporary Import Permit was done in clear violation of the Nigeria Customs Service Act, 2023.
He stated that the law prescribes seizure and forfeiture as the penalty for such breaches under Section 246(a) of the Act.
The judge emphasised that the respondents failed to present any evidence of customs duty payment, thereby depriving the Federal Government of substantial revenue.
Justice Omotosho described the conduct as a deliberate attempt to cheat the government of revenue lawfully due to it.
The Nigeria Customs Service (NCS) had assessed the outstanding customs duty liability on the aircraft at ₦1,044,493,295.54.
According to the NCS, the aircraft was brought into the country without the necessary permits, approvals or duty payments.
Justice Omotosho said that a Temporary Admission Permit should have been obtained, along with an undertaking to re-export the aircraft within the approved period of one to two years.
The respondents, in their arguments, said that the aircraft is foreign-registered in Malta, listed on the Civil Aviation Register of Malta, and operated under international charter by Elit’Avia Malta Ltd.
They also contended that the Nigeria Customs Service Act, 2023 could not apply retrospectively and cited clearances obtained from the Nigerian Civil Aviation Authority (NCAA), including Maintenance and Flight Operations Clearance Certificates.
But Justice Omotosho dismissed these arguments, holding that Section 280(1)-(4) of the Act preserves obligations under the repealed Customs and Excise Act.
He further relied on an NCAA circular issued on Jan. 17, 2017, which mandates all aircraft owners and operators importing aircraft into Nigeria to obtain customs clearance and pay duties or secure a Temporary Import Permit.
He found that the respondents failed to comply with this directive and again noted the absence of any proof of duty payment.
The case arose from an audit exercise conducted by the NCS in 2024, which reviewed the importation compliance of private aircraft operating in Nigerian airspace.
The verification exercise, carried out between June 19, 2024 and July 19, 2024, revealed widespread violations, prompting warning notices to affected operators.
Earlier, on June 17, 2025, the court had ordered the interim seizure and detention of the aircraft pending a final determination.
In its final ruling, the court ordered the aircraft’s permanent forfeiture to the Federal Government of Nigeria.
Mr Okon Efut, SAN, lawyer to the NCS, in his response to the judgment, praised the judiciary for enforcing compliance with existing laws, describing the decision as groundbreaking and the first of its kind in Nigeria.(NAN)
