The Court of Appeal in Abuja on Tuesday dismissed an appeal filed by former Managing Director of the Nigeria Export-Import Bank (NEXIM Bank), Roberts Orya, against his conviction and 10-year jail time.
A three-member panel led by Muhammed Danjuma upheld the judgement of the Federal Capital Territory High Court, Abuja, which sentenced the former NEXIM Bank chief earlier in February to 10 years’ imprisonment.
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The Economic and Financial Crimes Commission (EFCC) arraigned Mr Orya in 2021 before the trial court on 49 counts of obtaining money by false pretences, forgery and advance fee fraud.
The commission alleged in the charges that Mr Orya used his office to divert NEXIM Bank’s funds totalling N2.4 billion through a series of fraudulent loan awards.
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In a judgement delivered on 5 February, trial judge F.E Messiri found Mr Orya guilty of all 49 counts. The judge sentenced the convict to 10 years in prison for each of the counts but ruled that the sentences should run concurrently.
The convict promptly challenged the judgement on appeal.
Delivering its judgement on Tuesday, the Court of Appeal’s panel of justices, comprising Ntong Festus Ntong, Ele Ejo Enenche and Mr Danjuma, unanimously dismissed the appeal and affirmed the lower court’s decision.
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The EFCC shared the details of the Court of Appeal’s decision in a press statement on Tuesday.
In the lead judgment, Judge Danjuma resolved all four fundamental issues the case rested on against the appellant.
“I have considered all briefs filed by counsel and have gone through the record of the trial court and adopted it and the issues as formulated by this appellate court in resolving this appeal,” Mr Danjuma noted.
“In my final analysis, all the issues formulated for the determination of this appeal are resolved in favour of the respondent and against the appellant,” he said.
He consequently dismissed the appeal, saying it was “devoid of any merit”.
“The judgment of the High Court of the Federal Capital Territory delivered on 5 February 2026 in charge number FSC/SC/CS/487/2021 is hereby affirmed,” he ruled.
Background
Mr Orya served as the managing director of NEXIM Bank between 2009 and 2016.
Then-President Umaru Yar’Adua first appointed him to the position on 14 August 2009, while President Goodluck Jonathan renewed his appointment on 18 August 2014, enabling him to serve for seven years in office.
NEXIM is a government-owned development financial institution established in 1991 to help diversify Nigeria’s economy by promoting, financing, and supporting the non-oil export sector.
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In November 2021, EFCC arraigned him on charges of abuse of office and other related charges involving the diversion of NEXIM’s funds.
He allegedly diverted up to N2.4 billion through phoney loans purportedly granted by the bank.
One of the 49 counts instituted against him alleged that he paid N488 million to Treasure Mix Construction Limited as a loan.
The prosecution alleged that the payment was made under the false pretence that directors of Luxurium Leisure Services Limited had applied for and were beneficiaries of the loan.
Another allegation concerned N630 million allegedly paid under similar circumstances.
EFCC also alleged that Luxurium Leisure Service Limited was incorporated using the names of non-existent people and others without their consent.
The agency alleged that loans were subsequently granted to the company but remained unpaid.
The prosecution called seven witnesses during the trial, which lasted more than four years before the judge finally handed down its verdict in February, sentencing the convict to 10 years in prison.
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