Orlean Invest Africa Limited has filed an appeal at the Court of Appeal challenging a Federal High Court judgment ordering the seizure and forfeiture of a Bombardier BD-700 Global 6000 aircraft, describing the ruling as a miscarriage of justice reached without evidence. The company also sought a stay of execution of the court’s decision.
The notice of appeal was filed on January 23, 2026, by the company’s lead counsel, Mr. Ama Etuwewe, SAN, a day after the Federal High Court delivered its judgment. The appeal, now before the Court of Appeal, sets out seven grounds challenging both the factual findings and legal conclusions of the trial court.
Orlean Invest contends that the Federal High Court wrongly concluded that the aircraft was imported into Nigeria by the company and remained in the country without payment of customs duties. The company insists there was no evidence to support this finding, arguing that the aircraft is not owned by Orlean Invest and was never imported by them.
The firm states that the aircraft was flown into Nigeria solely on a charter basis and never permanently remained in the country. The plane has continuously been registered on the Malta Aircraft Registry and was never transferred to Nigerian registration. Evidence presented in court reportedly showed that the aircraft last entered Nigeria in 2018, contradicting the court’s conclusion. Orlean Invest claims the judge relied on speculation rather than proof.
The appeal also challenges the order of final forfeiture, arguing that no evidence justified condemning the aircraft to the Federal Government. The company insists that the court erred in holding it liable for customs duties on an aircraft it neither owns nor imported.
Additionally, Orlean Invest contests the trial court’s refusal to set aside an ex-parte order of seizure issued in June 2025. The company argues that the interim order was based on unsubstantiated claims by the Nigeria Customs Service and obtained through misrepresentation or concealment of material facts. Legal and factual reasons to discharge the order, the firm says, were ignored.
The appeal further disputes the acceptance of a customs duty assessment exceeding ₦1 billion, noting that the trial court presumed the figure to be correct without evidential support. Orlean Invest maintains that the court wrongly held that the Nigeria Customs Service proved its case in the absence of supporting evidence.
The company is seeking an order from the Court of Appeal to allow the appeal, set aside the Federal High Court judgment delivered on January 22, 2026, and dismiss the Nigeria Customs Service’s application for forfeiture and condemnation of the aircraft.
