Various court processes have stalled the grounding of about 60 private jets that operate in Nigeria without the payment of duties running into several billions of naira, it was gathered on Tuesday.
On October 14, 2024, The PUNCH reported that the Federal Government, through the Nigerian Customs Service, would ground over 60 private jets owned by very important persons in the country over unpaid import duty beginning from that day.
This did not take place, as the NCS later that same day announced the extension of the verification exercise for private jet owners by one month, from October 14, 2024, to November 14, 2024.
But since the expiration of the deadline on November 14, nothing has been said about the development.
Hence, The PUNCH contacted the customs service for updates on Tuesday and was told that several court processes had hindered the government from enforcing the collection of duties from these rich citizens who own the jets.
It was also gathered that investigations on the private jet owners were still ongoing, as the National Public Relations Officer for the Nigeria Customs Service, Abdullahi Maiwada, explained that providing updates on the matter now would interfere with the court processes.
Recall that in November 2022, The PUNCH reported that owners of foreign-registered private jets, comprising top business moguls, leading commercial banks, and other rich Nigerians, dragged the Federal Government to court seeking to prevent the government from grounding their planes for allegedly refusing to pay import duty on the jets.
However, The PUNCH could not independently verify the current state of this litigation and whether the private jet owners have gone to court again to revitalise the suit following the latest planned crackdown by the customs.
When contacted on Tuesday and asked to provide updates on the development, Maiwada replied, “There are issues that border on some court processes and any disclosure will very much interfere with the processes and that is why we cannot update the public about it. So we don’t want to interfere with the investigations and outcome of the process.”
The customs official was probed further to tell whether the private jet owners had stopped the government from grounding their airplanes through court orders, but Maiwada insisted on his earlier response.
“Well, I think my statement is not vague. It is very straightforward. I said there are processes involved and these are court processes and that if we make it public it will jeopardise what we intend to achieve in the essence of the whole exercise.
“And I said that this is why we have yet to provide any update on the matter.” the customs spokesperson stated.
A third attempt on whether the court processes were instituted by the Federal Government failed to elicit a different response from Maiwada, as he stayed glued to his initial response.
“I still insist on my last comment. That is all I’ll say, nothing more, nothing less,” he stated.
Asked to state when the public would hear from the government on this matter, Maiwad replied, “I don’t really have control over it and so it will be difficult for me to determine the timeline. I don’t have the wherewithal to suggest a timeline.”
In the NCS statement in November, Maiwada explained that the extension was to further engage operators who had expressed willingness to regularise their import duties.
The customs official had said, “The Nigeria Customs Service wishes to inform the general public, particularly operators of privately-owned aircraft, that the verification exercise for the recovery of import duties on illegally imported private aircraft has been extended by one month, from Monday, 14th October 2024, to Thursday, 14th November 2024.
“This extension aims to further engage operators who have expressed willingness to regularize their import duties, providing them with an additional window to comply with the necessary regulations.
“The NCS is committed to ensuring that all illegally imported aircraft meet the legal requirements, thereby promoting transparency and accountability in the aviation sector.”
The statement added, “In light of this extension, the NCS encourages aircraft operators to take full advantage of the extended period to fulfil their obligations, avoiding sanctions that may arise from non-compliance after the deadline.
“The Comptroller General of Customs, Bashir Adewale Adeniyi MFR, reiterates the Service’s dedication to enforcing the laws governing import duties and maintaining the integrity of Nigeria’s aviation sector. He further appreciates the cooperation and understanding of stakeholders in this ongoing exercise.”
Experts kick
Industry experts expressed shock that a private jet could be flying in Nigeria without paying duties to the government.
They, however, appealed to the public and stakeholders to be patient with the judiciary and allow the court processes to run through.
“I find it difficult to believe that private jets are flying without paying duties, Duties should be paid when aircraft are brought in and paid when parts and equipment are brought into the country,” an industry expert, Olumide Ohunayo, stated.
He encouraged the customs “to stand strong and not back down for any reason. They should assemble a team of qualified aviation lawyers and ensure there are no loopholes and the NCAA needs to work with the customs to ensure that the government makes the revenue as they are supposed to.”
Also commenting on the development, Group Capt. John Ojikutu, blamed the Nigeria Civil Aviation Authority for the violation.
He said, “How did those aircraft come in? I blame the NCAA, all these problems are created by the NCAA. How can you allow foreign-registered aircraft to be flying around inside this country without the necessary documents? Can foreign registered vehicles be allowed to move around without any due registration?”
The President of Topbrass Airline, Capt. Rolland Iyayi, refused to comment on the matter so as not to constitute a contempt of court but made it clear that any aircraft brought into the country should pay duties.
“Well, the case is in court but the laws are clear any foreign registered aircraft must be registered when brought into the country regardless. The point is people just interpret conventions to suit whatever purposes they want but the laws are clear. I don’t want to comment because the case is in court, but there won’t be merit to whatever they may have taken to court.”
