The definitive forfeiture of a Bombardier BD-700 Global 6000 aircraft to the federal government has been ordered by the Federal High Court in Abuja. In a ruling rendered by Justice James Omotosho, the court determined that the evidence presented to it proved that the aircraft, registered 9H-GVG, was brought into the nation on October 26, 2015, without permission, authorisation, or payment of the necessary customs duty. The ruling came after the Nigerian Customs Service, or NCS, filed a lawsuit in court with the number FHC/ABJ/CS/1085/2025.
Orlean Invest Africa Limited, a business, and the aircraft itself were listed as the first and second responders in the case. The applicant, NCS, informed the court that before the aircraft's importation into the nation, a necessary temporary import permit, or TIP, should have been secured.
Furthermore, it informed the court that the first respondent was required by the temporary import permit to re-export the aircraft from Nigeria at the end of the permit's authorised time, which was between one and two years.
Following a verification on June 19 and July 19, 2024, the NCS, through its legal team headed by Chief Okon N. Efut, SAN, informed the court that the defendants "had contrived diverse methods to evade payment of import duty."
The aircraft was imported under the pretence of being a tourist to Nigeria, but it ended up overstaying and operating more than was necessary for visiting aircraft, it informed the court.
Additionally, the NCS said that since the second respondent was imported into Nigeria in 2015, the first respondent had neglected to pay the customs charge, depriving the FG of the revenue due. In its defence, the first defendant informed the court that although the aircraft was not registered in Nigeria, it was currently registered on Malta's Civil Aviation Register and operated internationally under legal regulations.
The business further informed the court that Elit Avia Malta Limited was listed as the aircraft's registered owner and operator. The first respondent maintained that the aircraft was not its property and that it was chartered rather than imported
“That the 2nd respondent came into Nigeria as a visiting aircraft under the auspices of the 1st respondent on a charter basis and upon regulatory clearance by the Nigerian Civil Aviation Authority, NCAA. “That the 2nd respondent was never converted from visiting or transit aircraft into fully imported aircraft under Nigerian law,” the company added.
It also informed the court that it could not be held accountable for the unpaid customs taxes because it had last chartered the aircraft in 2018. In his ruling, Justice Omotosho concluded that the respondents had not provided a convincing argument against the aircraft's forfeiture to FG.
