Court Dismisses Ex-Binance Representative’s Suit Against NSA, EFCC

The Federal High Court in Abuja has dismissed a suit filed by Tigran Gambaryan, former Binance Head of Financial Crime Compliance in Nigeria, against the office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).

Gambaryan, through his lawyer, had sued the NSA and EFCC over alleged unlawful and prolonged detention.

Delivering Judgement, Justice Mohammed Umar, held that the Binance agent’s fundamental rights enforcement suit constituted an abuse of court process.

Justice Umar held that the NSA had acted within his mandate under the law and that no court had the power to stop the investigative powers of the police or EFCC.

The judge, who said that Gambaryan provided no evidence to show he enjoyed immunity from prosecution in Nigeria or under Nigerian law, consequently dismissed the suit.

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Gambaryan alongside his colleague, Nadeem Anjarwalla, were detained at the NSA’s office in connection with the money laundering and foreign exchange contravention allegations against Binance Holdings Ltd.

However, Anjarwalla escaped from lawful custody and fled the country early 2024.

But Gambaryan, in the suit filed by his lawyer, Tonye Krukrubo, SAN, sought the enforcement of his fundamental right.

Krukrubo had prayed the court to compel the NSA and EFCC to apologise for his client’s detention in the country.

The lawyer, in the affidavit attached to the suit, had alleged that the Federal Government was using Gambaryan’s prolonged detention “as leverage to continue making demands on Binance.”

He further informed the court that his client, an American citizen, visited Nigeria on Feb. 26, 2024, alongside Anjarwalla, solely to honour an invitation from Mr Saad Abubakar of the NSA and Mr Olalekan Ogunjobi of the EFCC for a meeting with government officials as representatives of Binance.

He added that after honouring the invitation, his client, who is not a board member of Binance, was detained.

He, therefore, urged the court to declare that, “the unlawful detention of the applicant (Gambaryan) by the respondents from February 26, 2024, to February 27, 2024 (period of detention before the remand order) and from March 12, 2024, to April 8, 2024 (period of detention after the remand order expired until arraignment) has caused immense hardship and emotional stress to the applicant, his wife, children, and other members of his family.”

But in a counter affidavit, the EFCC and NSA urged the court to discountenance the application.

The anti-graft agency’s lawyer, Olanrewaju Adeola, drew the court’s attention to a charge between the Federal Republic of Nigeria and Binance Holdings Ltd & another, filed on March 28, 2024, and currently pending before Justice Emeka Nwite.

He said the case, which involves allegations of money laundering and foreign exchange violations against the cryptocurrency company, is before Justice Nwite.

The lawyer then urged the court to dismiss the suit for being a gross abuse of court process.

He further urged the judge to consider the facts presented in the sister court’s proceedings to ensure a just decision.

He argued that a remand order had been issued against Gambaryan during the period in question.

Justice Umar, while delivering the judgment, said that the court would not, under the guise of Gambaryan’s fundamental rights claims, “interfere” with the prosecutorial role of the Nigerian authorities in investigating suspected foreign exchange violations and alleged money laundering involving the cryptocurrency platform.

The judge observed that criminal charges filed in 2024 against Binance are still pending.

He observed from the affidavit evidence before the court that Gambaryan appeared for arraignment before Justice Nwite and was subsequently remanded at a correctional centre.

The judge further pointed out that Gambaryan’s bail application was dismissed by the court on the grounds that he was “a flight risk.”

Justice Umar held that affidavits submitted by the EFCC and NSA established that the NSA received intelligence reports on alleged FX contravention and money laundering involving Binance and its officials.

The judge, who stated that fundamental rights are not absolute, said such rights may be curtailed when circumstances require.

He consequently dismissed the suit for being an abuse of court process.