The Federal Capital Territory High Court, Abuja, on Thursday sentenced Roberts Orya, former Managing Director of the Nigerian Export-Import (NEXIM) Bank, to 10 years’ imprisonment for fraud committed while he was in office.
Delivering judgment, trial judge Justice F.E. Messiri held that the prosecution proved its case beyond reasonable doubt and found Mr Orya guilty on all 49 counts preferred against him by the Economic and Financial Crimes Commission (EFCC).
Justice Messiri sentenced the former NEXIM chief to 10 years’ imprisonment on each of the 49 counts, but ordered that the sentences run concurrently, meaning the convict will serve a total of 10 years in prison.
Mr Orya was arraigned by the EFCC in November 2021 on charges bordering on abuse of office and fraud relating to his tenure as Managing Director of NEXIM Bank between August 2009 and July 2016.
The prosecution alleged that Mr Orya abused his office to divert approximately ₦1.4 billion of NEXIM Bank funds through fraudulent loan awards.
According to the EFCC, one of the counts showed that on 21 September 2011, Mr Orya induced NEXIM Bank to disburse ₦488 million to Treasure Mix Construction Limited under the false pretence that the loan was applied for by, and meant for, Luxurium Leisure Services Limited—a company whose ownership was traced to him.
The commission further alleged that under similar circumstances, Mr Orya induced NEXIM Bank to release another ₦630 million to the same company on 19 February 2013.
The EFCC maintained that these acts were carried out with intent to defraud and constituted offences contrary to section 1(1)(b) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006, punishable under section 1(3) of the Act.
Mr Orya was also accused of incorporating Luxurium Leisure Services Limited using the names of non-existent persons and others without their consent, and subsequently approving loans to the company, which remained unpaid years after disbursement.
He pleaded not guilty to all the charges, leading to a full trial that lasted over four years. During the trial, the prosecution, led by Samuel Ugwuegbula, called seven witnesses and tendered documentary evidence.
In its judgment, the court held that the evidence established Mr Orya’s culpability on all counts.
NEXIM Bank is a government-owned development finance institution established in 1991 to promote and support Nigeria’s non-oil export sector through export credit guarantees, insurance, and financing for small and medium enterprises.
The court’s decision underscores concerns over how public officials exploit development finance institutions for personal gain, undermining their statutory mandates.
Background and Pre-Trial Controversies
Mr Orya’s tenure at NEXIM was marked by allegations of compromised loan disbursement and procedural abuses. In 2019, the Central Bank of Nigeria (CBN) accused his administration of corruption and fraudulent practices, including alleged plots to remove the Deputy Governor in charge of Economic Policy, Joseph Nnanna.
Mr Orya consistently denied the allegations, describing them as “wild, inappropriate, unacceptable and untrue.”
In 2021, the High Court of Benue State awarded ₦50 million in damages against NEXIM Bank over the unlawful arrest and detention of Mr Orya by the EFCC and the Inspector-General of Police. The court reprimanded the EFCC and the police for “turning themselves into tools of persecution” and ordered a public apology.
That judgment arose from a fundamental rights enforcement suit filed by Mr Orya against the EFCC, the IGP, NEXIM Bank, the State Security Service (SSS), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Code of Conduct Bureau.
Mr Orya had alleged repeated arrests, detentions, and reporting obligations between 2016 and 2018, including a four-day detention following a petition by NEXIM Bank to the now-defunct Special Presidential Investigation Panel for the Recovery of Public Property (SPIP).
Mr Orya was appointed Managing Director of NEXIM Bank in August 2009 by former President Umaru Musa Yar’Adua and reappointed for a second term in August 2014 by former President Goodluck Jonathan. He did not complete the second term, having been removed from office amid allegations of fraudulent loan awards.
Premium Times