A Federal High Court in Abuja has ordered the final forfeiture of a Bombardier BD-700 Global 6000 aircraft to the Federal Government.
The aircraft, with registration mark9H-GVG and manufacturer’s serial number 9470 and operated by Orlean Invest Africa Limited, reportedly failed to pay N1,044,493,295.54 as customs duty to the government.
In a judgment, Justice James Omotosho held that the respondents failed to show cause why the order of final seizure, condemnation and forfeiture should not be made against them.
The judge held that the respondents did not provide sufficient proof of compliance with Nigeria’s customs laws.
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“Hiding under foreign ownership to operate aircraft in Nigeria for years is nothing more than an attempt to cheat the government of revenue due to it.
“The respondents have not shown any specific evidence showing that the duty assessed is wrong, by means of proof of some repayment.
“The respondents only made a blanket statement of how the duty was assessed and they insisted that they are not liable to pay customs duty. “
“It is, therefore, clear that the respondents are liable to pay customs duty on the second respondent. The customs duty assessed is still presumed correct.
“In the final analysis, the case of the applicant has merit and same is hereby granted as prayed. It is, therefore, ordered as follows:
“This honourable court hereby orders the final seizure, condemnation and forfeiture of Bombardier BD-700 Global 6000 with registration mark 9H-GVG and manufacturer’s serial Number 9470 at any airport in Nigeria to the Federal Government of Nigeria,” Justice Omotosho said.
The case was filed by the NCS following an audit exercise conducted on private aircraft operating in the Nigerian airspace in 2024 to determine the regularity of their operations in the context of importation and exportation processes under customs laws.
The NCS said it discovered that many private aircraft were operating in violation of the payment of appropriate duties and accordingly issued warning notices.
The plaintiff said it assessed the customs duty liability of Orlean Invest Africa Limited at ₦1,044,493,295.54.
The plaintiff’s lawyer, Okon Efut (SAN), the principal partner at Okon N. Efut, SAN & Associates, hailed the courage of the Judiciary in ensuring that extant laws are complied with by all, irrespective of status.
The lawyer described the ruling as groundbreaking and the first of its kind in Nigeria.
