A Bombardier BD-700 Global 6000 aircraft operated by Orlean Invest Africa Limited with registration mark 9H-GVG and manufacturer's serial number 9470 has been ordered to be seized, condemned, and forfeited to the Federal Government of Nigeria by the Federal High Court in Abuja.

The Nigeria Customs Service was the applicant in action number FHC/ABJ/CS/1085/2025, and Orlean Invest Africa Limited and the Bombardier BD-700 Global 6000 were the respondents. On January 22, the court rendered the decision.


According to the court's decision, the respondents did not provide justification for why they should not be subject to the order of ultimate seizure, condemnation, and forfeiture.

The trial judge, Justice James Omotosho, determined that the respondents had not shown adequate evidence of conformity with Nigeria's customs legislation, according to a Certified True Copy of the ruling that was seen on Tuesday.

The Nigeria Customs Service filed the lawsuit after conducting an examination of private aircraft using Nigerian airspace in 2024 to ascertain whether their operations were consistent with import and export procedures as required by customs regulations.

Customs issued warning notices to the impacted operators after finding that numerous private aircraft were operating without paying the required customs during the audit.

The service assessed the customs duty liability of Orlean Invest Africa Limited at ₦1,044,493,295.54.

This assessment led to the filing of the suit, which sought a single relief: “An order of final seizure, condemnation and forfeiture of the Bombardier BD-700 Global 6000 with registration mark 9H-GVG and manufacturer’s serial number 9470 (the 2nd respondent) at any airport in Nigeria.”

The motion on notice was supported by a 19-paragraph affidavit deposed to by Simi Adamson, a Superintendent of Customs attached to the Office of the Director, Legal Services.

In his judgement, Justice Omotosho held that Orlean Invest Africa Limited imported the Bombardier BD-700 Global 6000 into Nigeria on October 25, 2015 as a non-commercial private aircraft but failed to pay import duty or obtain a Temporary Import Permit, contrary to the provisions of the Nigeria Customs Service Act 2023.

He stated that the penalty for such an offence is seizure and forfeiture under Section 246(a) of the Nigeria Customs Act.

"The respondents submitted no proof of payment of customs duties and, in fact, have deprived the Federal Government of Nigeria of revenue by failing to pay customs duty on the second respondent," stated Justice Omotosho.

"From all the processes filed by the respondents, they have failed to show cause why the second respondent should not be forfeited," the court added in its ruling.

"They neglected to provide evidence that they had paid the customs charge, which would have strengthened their case. The Federal Government of Nigeria's revenue flow is impacted by the serious legal violation of failing to pay any customs tax since bringing the second respondent into the country.

"Operating aircraft in Nigeria for years while hiding under foreign ownership is nothing more than an attempt to defraud the government of revenue."

"This honourable court orders the final seizure, condemnation, and forfeiture of the Bombardier BD-700 Global 6000 with registration mark 9H-GVG and manufacturer's serial number 9470 (the second respondent) at any airport in Nigeria to the Federal Government of Nigeria," the court's final statement stated.

Mr. Okon Efut (SAN), principal partner of Okon N. Efut, SAN & Associates and counsel to the Nigeria Customs Service, responded to the ruling by praising the judiciary's bravery in making sure that everyone, regardless of status, complies with current laws.