More trouble may be coming for Benue's former Governor Gabriel Torwua Suswam even as he attempts to ward off imminent imprisonment following a N3.1b suit over the sale of shares in the defunct Benue Cement Company Limited Gboko. Suswam's looming additional roubles may come via a decision of the management of Benue Investment and Property Company Limited (BIPCL) to probe circumstances surrounding the lease of Benue Hotels Limited, another asset of the Benue State government. The Mandate News recalls that in 2012 during the Suswam administration, BHL was used as collateral to Luxurium Leisure Services for a N488 Million Naira loan at first instance and later another N630 million Naira, all from NEXIM Bank, ostensibly for the hotel's remodelling and development. BIPCL however says it has detected fraudulent practices in the procedure of acquiring the one billion Naira facility over which the Nigerian Export-Import (NEXIM) Bank is about to sell the brand. BIPCL has initiated moves to rescind the purported lease. Group Managing Director of BIPCL, Raymond Asemakaha who faulted the circumstances surrounding the lease agreement and subsequent release of the Hotel's Certificate of Occupancy to Luxurium Leisure Services, described the process as fraudulent. The GMD disclosed that no State Exco approval nor board resolution was obtained from the Benue State government even though it holds a 75% majority share via the BIPCL while Nigerian Hotels Limited holds minority shares of 25%. Further faulting the process, Asemakaha disclosed that during the loan process, NEXIM Bank failed to seek for owners' signatures, approvals and board resolutions as well as search reports on the collateral, thereby failing in its due diligence obligations required in financial dealings of such magnitude. He stressed that the state government would not allow Benue Hotels to be sold under the prevailing circumstances, emphasizing the importance of protecting government assets for the people of Benue State. The GMD proposed conditions under which the hotel could be sold to NEXIM Bank for the bank's consideration which include: expiration of the lease next year; payment of 48% only of the loan amount to NEXIM Bank for its failure to do due diligence, and an offer to share the risk associated with the outstanding facility on a 50:50 basis since parties must both bear loses on the transaction. Asemakaha further said that BIPC would investigate how the loans were expended, noting that information presented by Luxurium Leisure Services indicate that only one facility and a swimming pool have been added to the hotel while most of the other works carried out amounted to minor renovations. The BIPCL Boss asserted that Governor Alia is committed to recovering all properties of the state which were illegally disposed of, and warned those in possession of such assets to return them. Chief Risk & Compliance Officer of NEXIM Bank, Umoru Gubio, said the bank would carefully consider the proposals presented by the BIPC and communicate its position. The Mandate further recalls that the loans became part of the reason for the conviction and sentencing to jail of a former Managing Director of NEXIM Bank Mr. Robert Orya who is still serving a 490 years sentence. According to the EFCC, "Justice F.E. Messiri of the Federal Capital Territory, FCT, High Court, Abuja on Thursday, February 5, 2026 convicted and sentenced a former Managing Director, Nigerian Export Import Bank, NEXIM to 490 years imprisonment for bank fraud. The convict was arraigned in 2021 by the Economic and Financial Crimes Commission, EFCC on a 49-count charge, bordering on obtaining money by false pretences, forgery and advance fee fraud to the tune of N2.4 billion. "Count one of the charges read: 'That you Mr Roberts Orya while being the Managing Director of Nigerian Export- Import Bank(NEXIM BANK) on or about the 21st day of September 2011 in Abuja within the jurisdiction of this honourable court, with intent to defraud, induced Nigerian Export-lmport Bank to pay to Treasuremix Contruction Limited the sum of Four Hundred and Eighty Eight Million Naira (N488,000,000) as loan under the pretence that the Directors of Luxurium Leisure Services Limited applied for and are the beneficiaries of the said loan which pretence you knew was false and thereby committed an offence contrary to section 1(1)(b) of the Advance Fee Fraud and Other Fraud Related Offences Act 2006 and punishable under Section 1(3) of the same Act.' "Count two reads: 'That you Mr Roberts Orya while being the Managing Director of Nigerian Export- Import Bank (NEXIM BANK) on or about the 19th February 2013 in Abuja within the jurisdiction of this honourable court, with intent to defraud induced Nigerian Export-Import Bank to pay to Treasuremix Construction Limited the sum of Six Hundred and Thirty Million Naira (N630,000,000) as loan under the pretence that the Directors of Luxurium Leisure Services Limited applied for and are the beneficiaries of the said loan, which pretence you knew was false and thereby committed an offence contrary to Section 1(1) (b) of Advance Fee Fraud and Other Fraud Related And Other Related Offences Act 2006 and punishable under Section 1(3) of the same Act.' ". According to the Commission, Orya "pleaded 'not guilty' to the charges, thus setting the stage for his trial. Prosecution counsel, Samuel Ugwuebulam in the course of the trial called seven witnesses whose testimonies strongly established the defendant’s guilt. "Justice Messiri in his judgment held that the prosecution proved its case beyond every reasonable doubt and found the defendant guilty as charged on all the 49 counts and sentenced him to 10 years imprisonment on each, totaling 490 years. The sentences, however, are to run concurrently." Dissatisfied with the judgment, Orya had approached the Appellate court for reprieve. Justice Muhammed Danjuma of the Court of Appeal, Abuja on Tuesday, September 8, 2026, however affirmed the conviction and sentence. Leading two other Justices, Ntong Festus Ntong and Ele Ejo Enenche on Tuesday to deliver a unanimous judgment, Justice Muhammed stated, “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. I looked at each and every issue and in my final analysis, all the issues formulated for the determination of this appeal are resolved in favor of the respondent and against the appellant. This appeal is devoid of any merit and is hereby dismissed. The judgment of the High Court of the Federal Capital Territory delivered on February 5, 2026 in charge number FSC/SC/CS/487/2021 is hereby affirmed.”

Posted: 1month ago

Author: Editor in Chief

Current date: 18 October 2026