Tigran Gambaryan, former Binance Head of Financial Crime Compliance in Nigeria, filed a lawsuit against the NSA and the EFCC.
Gambaryan had brought legal action against the NSA and EFCC over alleged unlawful and drawn-out detention.
Justice Mohammed Umar ruled that the Binance agent’s fundamental rights enforcement action was an abuse of court procedure.
No court had the authority to halt the police’s or EFCC’s investigative powers, according to Justice Umar, who ruled that the NSA had carried out his legal duties within his purview.
The lawsuit was subsequently dropped by the judge, who ruled that Gambaryan had provided no evidence to support his claim that he had been barred from prosecution under Nigerian law.
READ MORE: FG Dismisses Gambaryan’s “False Allegations,” Says Binance Offered $5m Payment
In connection with the allegations against Binance Holdings Ltd. of money laundering and foreign exchange contravention, Gambaryan and his coworker Nadeem Anjarwalla were taken into custody at the NSA’s office.
However, Anjarwalla escaped from a reputable custody and fled the nation in early 2024.
However, Gambaryan fought for the protection of his fundamental right in the lawsuit brought by his attorney, Tonye Krukrubo, SAN.
Krukrubo had requested that the NSA and EFCC apologize for his client’s detention there.
In the affidavit that was included with the lawsuit, the lawyer claimed that the Federal Government was using Gambaryan’s protracted detention as a means of “holding on” Binance.
He further explained to the court that his client, an American citizen, only accepted an invitation from NSA and EFCC representatives to meet with government officials in Nigeria on February 26, 2024.
He added that his client, who is not a member of Binance’s board, was taken into custody after accepting the invitation.
Therefore, he urged the court to declare that the respondents’ unlawful detention of the applicant (Gambaryan) between February 26 and February 27 (period of detention prior to the remand order) and March 12 through April 8 (period of detention after the remand order expired until arraignment) has resulted in significant hardship and emotional stress for the applicant, his wife, children, and other members of his family.
However, the EFCC and NSA urged the court to reject the application in a counteraffidavit.
Olanrewaju Adeola, the attorney for the anti-graft organization, brought a charge against Binance Holdings Ltd &, another, filed on March 28, 2024, to Justice Emeka Nwite’s attention.
Justice Nwite is in charge of the case, which involves allegations of money laundering and foreign exchange fraud against the cryptocurrency company.
The attorney then demanded that the lawsuit be dismissed because it constituted a flagrant abuse of court procedures.
He further urged the judge to take into account the circumstances surrounding the sister court’s proceedings in order to render a fair decision.
He claimed that during the time the incident occurred, Gambaryan had received a remand order.
Justice Umar stated in the judgment that the court would not “interfere” with the Nigerian authorities’ role in the investigation of suspected foreign exchange fraud and alleged money laundering involving the cryptocurrency platform under the pretext of Gambaryan’s fundamental rights claims.
The judge made it clear that Binance’s criminal cases from 2024 are still pending.
He pointed out in the affidavit evidence that Gambaryan had previously been arraigned before Justice Nwite and later placed on administrative leave.
The court rejected Gambaryan’s bail application on the grounds that he was “a flight risk,” according to the judge.
Justice Umar ruled that Binance and its officials’ affidavits established that the EFCC and the NSA had received intelligence reports regarding alleged money laundering and FX contraventions.
Fundamental rights may be curbed, according to the judge, who argued that they are not absolute.
Source: Channels TV
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