Prosecution Seeks 7-Year Prison Sentence and Rwf2 Million Fine for Nzizera Aimable
The High Court heard an appeal filed by the Prosecution against Nzizera Aimable, who is accused of failing to repay a Rwf200 million loan from Ecobank Rwanda and a Rwf120 million loan from Equity Bank.
The prosecutor stated that the 2021 case concerns a loan obtained from Ecobank Rwanda, while the 2018 case relates to a loan from Equity Bank that was granted in 2016.
According to the prosecution, Nzizera obtained a Rwf200 million loan from Ecobank Rwanda to finance a contract for supplying equipment to the Muhanga District market. To secure the loan, he pledged a house as collateral.
However, that property had already been pledged elsewhere. The property was presented as being worth Rwf115 million.
He also submitted another pledged property valued at Rwf124.4 million, after which he received the Rwf200 million loan.
On September 9, 2016, Nzizera, acting on behalf of his construction company, applied for another loan of Rwf120 million. He submitted another pledged property valued at Rwf159 million as collateral.
He later failed to repay both loans, forcing the banks to auction the pledged properties. During the auction process, Ecobank Rwanda discovered that some of the plots used as collateral had houses belonging to other people built on them.
The prosecutor argued that the properties had been deliberately overvalued to enable Nzizera to qualify for the loans. The prosecution further stated that Nzizera admitted to inflating the value of the properties and that he worked together with Ngoga Alain, an Ecobank employee.
On the other hand, in 2018, Nzizera applied for another loan from Equity Bank worth Rwf207 million, using three different properties as collateral.
These properties had different UPI numbers from those used at Ecobank Rwanda. However, although the method used (modus operandi) was similar, the transactions themselves were different.
The prosecutor argued that the 2021 case is legally distinct from the 2018 case and criticized the judgment delivered by the Intermediate Court. He reminded the High Court that judges have a duty to issue separate judgments for crimes committed by the same person at different times. The prosecutor also noted that Nzizera admitted the charges during his trial.
Ngoga Alain's Role
Regarding Ngoga Alain, the prosecutor explained that he was an employee of Ecobank Rwanda and worked closely with Nzizera on a daily basis. Ngoga was responsible for inspecting the pledged collateral.
During investigations, it emerged that Ngoga was in charge of fast-tracking Nzizera's loan files.
The prosecutor also stated that they collaborated with an outsider identified as Saido, who allegedly forged documents. Although Ngoga maintained that he was not responsible for approving loans, he acknowledged that he was responsible for inspecting and validating collateral.
Nzizera's Defence
Nzizera told the court that in 2010 his company had several major construction contracts. As his projects expanded, he sought financing from Equity Bank and Ecobank Rwanda.
He said that when he was arrested in 2018, he admitted wrongdoing. However, he argued that he did not falsify property values but rather reflected increased market values of the land.
He added that the prosecutor advised him to confess and disclose both the Ecobank Rwanda matter and the Equity Bank case so they could be prosecuted together. On June 1, 2016, he said he reported all the issues to investigators.
He was then placed in 30 days of provisional detention at Mageragere Prison. After those 30 days expired, the prosecution requested an extension of his detention to complete investigations into the Ecobank case before bringing the matter to court.
Nzizera stated that after a full trial, the court acquitted him.
Ngoga Alain also defended himself, arguing that he was not responsible for approving loans and therefore should not be held criminally liable. He told the court that Ecobank itself had the authority to reject or approve loan applications. He also denied knowing anyone named Saido and asked to be acquitted.
Nzizera likewise requested to be acquitted, urging the court to consider all the evidence on record. His lawyer argued that the sentence imposed in the earlier case should remain the only punishment applicable.
Ecobank Rwanda's Compensation Claim
Ecobank Rwanda's representative requested compensation for the financial losses allegedly caused by Nzizera. The bank is seeking Rwf374 million, corresponding to losses resulting from the loans granted to Nzizera's company.
The bank explained that when it inspected the pledged assets, properties that had been presented as worth Rwf430 million were actually valued at only about Rwf70 million.
According to the bank, when a bad loan is written off, it uses its own reserved funds to cover the loss. Because those funds would otherwise have generated income, the bank argues that it also suffered consequential financial damages.
Nzizera responded that Ecobank had already auctioned the properties. While acknowledging that complications arose, he insisted that the auction was carried out and the assets were sold.
Ecobank was asked why it sought compensation in a criminal case rather than before the Commercial Court.
The bank's lawyer replied that the damages arose directly from the criminal offence of misleading the bank by using forged documents and falsely inflated property valuations to obtain loans.
Courtroom Atmosphere
The presiding judge remarked that the case was "a fascinating one" and said it would be useful for law students to study.
His comments caused laughter throughout the courtroom. At one point, he joked that "that's how the world works," describing the matter as "a combination of many factors."
He even asked members of the public seated in the back whether they were following the proceedings, and they replied that they were. The hearing concluded in a relaxed atmosphere, with the parties, prosecutors and lawyers frequently laughing together.
Judgment Date
The High Court announced that its judgment will be delivered on September 3, 2026, at 2:00 p.m.