Court Orders Forfeiture of Orlean Invest Jet Over Unpaid ₦1.04 Billion Customs Duty

A 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 the company’s failure to pay ₦1.04 billion in outstanding customs duty

The ruling was delivered by Justice James Omotosho following an application by the Nigeria Customs Service (NCS), which sought the condemnation and forfeiture of the aircraft over alleged violations of importation and customs regulations. The jet, bearing Registration Mark 9H-GVG and Manufacturer’s Serial Number 9470, was imported into Nigeria in October 2015 but was neither properly cleared nor assessed for customs duties, according to court records. The NCS told the court that Orlean Invest Africa Limited failed to pay import duty assessed at ₦1,044,493,295.54 and did not obtain a Temporary Import Permit (TIP) as required under Nigerian law. The agency argued that the failure to regularise the aircraft’s importation status deprived the Federal Government of substantial revenue and contravened statutory provisions governing aviation imports In its defence, Orlean Invest Africa Limited maintained that the aircraft was registered in Malta and operated under international charter arrangements through Elit’Avia Malta Ltd. The company also claimed that it had obtained relevant operational approvals from the Nigerian Civil Aviation Authority (NCAA) and argued that newer customs laws should not be applied retrospectively to an aircraft imported years earlier. However, Justice Omotosho dismissed the company’s arguments, ruling that NCAA operational certifications do not exempt aircraft operators from fulfilling customs obligations. The court further held that the failure to pay import duty or secure a Temporary Import Permit constituted a clear breach of existing customs regulations, regardless of foreign registration or charter status. The judge also referenced an NCAA circular issued in January 2017, which mandates that all aircraft imported into Nigeria must either pay applicable customs duties or obtain a Temporary Import Permit with a commitment to re-export the aircraft within an approved timeframe. The court found that Orlean Invest Africa Limited did not comply with these requirements. The case emerged from a wider audit and compliance exercise conducted by the Nigeria Customs Service in 2024, targeting private aircraft operators suspected of evading customs duties and regulatory obligations. The enforcement drive aims to curb revenue leakages, strengthen regulatory oversight in the aviation sector, and ensure that operators adhere strictly to Nigerian importation laws. With the court’s final order, the Bombardier Global 6000 jet is to be seized and permanently forfeited to the Federal Government of Nigeria at any airport within the country. Legal observers describe the judgment as a landmark ruling that could signal tougher enforcement against non-compliant private aircraft owners and operators in Nigerian airspace.