A Federal High Court has issued a Court aircraft seizure ruling, ordering the forfeiture of a Bombardier jet over unpaid customs duties

The Federal High Court sitting in Abuja has ordered the final seizure, condemnation and forfeiture of a Bombardier BD 700 Global 6000 aircraft operated by Orlean Invest Africa Limited to the Federal Government of Nigeria over breaches of customs laws.

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Justice James Omotosho delivered the judgment in suit number FHC ABJ CS 1085 2025 between the Nigeria Customs Service and Orlean Invest Africa Limited, ruling that the respondents failed to show cause why the aircraft should not be forfeited.

The aircraft, bearing registration mark 9H GVG and manufacturer’s serial number 9470, was ordered forfeited after the court found that the operators did not provide sufficient proof of compliance with Nigeria’s customs requirements.

A certified true copy of the judgment, sighted on Tuesday, showed that the court held that Orlean Invest Africa Limited failed to pay import duties or obtain a Temporary Import Permit for the aircraft, despite operating it in Nigerian airspace for several years.

The case arose from an audit exercise conducted by the Nigeria Customs Service in 2024, which reviewed the importation and operational status of private aircraft within the country.

During the audit, customs officials discovered that several private jets were operating without payment of appropriate duties.

The service assessed the customs duty liability of Orlean Invest Africa Limited at ₦1.04 billion.

Following the assessment, the Nigeria Customs Service filed a single relief before the court, seeking an order of final seizure, condemnation and forfeiture of the Bombardier BD 700 Global 6000 at any airport in Nigeria.

The application was supported by a sworn affidavit deposed to by Simi Adamson, a Superintendent of Customs attached to the Office of the Director of Legal Services.

In his ruling, Justice Omotosho held that the aircraft was imported into Nigeria on October 25, 2015, as a non commercial private jet but without payment of customs duty or the required temporary permit, in violation of the Nigeria Customs Service Act 2023.

The judge said the law prescribes seizure and forfeiture as the penalty for such an infraction, describing the failure to pay duty as a grave breach with serious revenue implications for the Federal Government.

Justice Omotosho stated that the respondents provided no evidence of duty payment and criticised what he described as attempts to hide under foreign ownership structures to evade statutory obligations.

The court concluded that the failure to comply with customs laws justified the Court aircraft seizure ruling and ordered the aircraft’s forfeiture to the Federal Government with immediate effect.

Reacting to the judgment, Okon Efut SAN, counsel to the Nigeria Customs Service, described the ruling as groundbreaking, praising the judiciary for enforcing the law without regard to status.

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Mr Efut said the decision sends a powerful signal that regulatory compliance applies equally to all operators and strengthens revenue protection efforts by the state.