Company Loses ₦1bn Private Jet to FG Over Unpaid Customs Duty
The Federal Government has secured the final forfeiture of a Bombardier BD-700 Global 6000 private jet belonging to Orlean Invest Africa Limited over failure to pay customs duties since the aircraft was imported into Nigeria in 2015. Eyes Of Lagos reports,
The Nigeria Customs Service (NCS) assessed the outstanding customs duty on the aircraft at ₦1,044,493,295.54, describing the importation as a clear violation of extant customs laws.
In a judgment delivered last Thursday, Justice James Omotosho of the Federal High Court, Abuja, ordered the final forfeiture of the aircraft to the Federal Government, holding that the company failed to provide any lawful justification for retaining the jet.
A certified true copy of the judgment, sighted on Tuesday, showed that the court found Orlean Invest Africa Limited in breach of the Nigeria Customs Service Act, 2023, for importing the aircraft without paying the required customs duty or obtaining a Temporary Import Permit (TIP).
Justice Omotosho ruled that the refusal to regularise the aircraft’s importation status amounted to a deliberate violation of the law and warranted seizure and forfeiture.
Jet Imported Without Required Approvals
According to the court, the aircraft — bearing Registration Mark: 9H-GVG and Manufacturer’s Serial Number: 9470 — was imported into Nigeria on October 26, 2015 as a non-commercial private jet.
The judge held that the company neither paid customs duties nor obtained the mandatory permits, thereby depriving the Federal Government of substantial revenue.
“The failure to comply with customs obligations constitutes a deliberate attempt to evade revenue lawfully due to the government,” Justice Omotosho stated.
The case arose from an NCS compliance audit conducted in 2024, which reviewed the importation status of private aircraft operating in Nigerian airspace.
The verification exercise, carried out between June 19 and July 19, 2024, uncovered widespread violations among private jet operators, leading to warning notices and enforcement actions.
Following the findings, the court had earlier ordered the interim seizure and detention of the aircraft on June 17, 2025, pending final determination.
In its defence, Orlean Invest Africa Limited argued that the aircraft was foreign-registered in Malta, operated under international charter by Elit’Avia Malta Ltd, and listed on the Civil Aviation Register of Malta.
The company also contended that the Nigeria Customs Service Act, 2023, could not be applied retrospectively and cited clearances obtained from the Nigerian Civil Aviation Authority (NCAA), including maintenance and flight operation approvals.
However, Justice Omotosho dismissed the arguments, holding that Section 280(1)–(4) of the Act preserves obligations under the repealed Customs and Excise Management Act.
He further relied on an NCAA circular dated January 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.
The court noted that the respondents failed to comply with the directive and provided no evidence of duty payment.
Reacting to the ruling, counsel to the NCS, Mr. Okon Efut, SAN, described the judgment as groundbreaking and the first of its kind in Nigeria, praising the judiciary for enforcing compliance with existing customs laws.
He said the decision would serve as a strong deterrent to operators attempting to bypass Nigeria’s importation and revenue regulations.