On Thursday, the Federal High Court sitting in Abuja dismissed a suit alleging unlawful and prolonged detention filed by former Binance Head of Financial Crime Compliance, Tigran Gambaryan, against the Economic and Financial Crimes Commission (EFCC) and the Office of the National Security Adviser (NSA).
Gambaryan had earlier accused three members of the Nigerian legislature on X (formerly Twitter) of demanding a $150 million bribe during his detention.
Gambarayan’s Detention
Gambaryan visited Nigeria on February 26, 2024, alongside his colleague, Nadeem Anjarwalla, as representatives of Binance, in response to an invitation from officials of the NSA and EFCC. Both executives were subsequently detained at the NSA’s office over allegations of money laundering and foreign-exchange contraventions against Binance Holdings Ltd.
However, Anjarwalla escaped from lawful custody and fled the country, while Gambaryan remained detained. Gambaryan was eventually released in October, with all charges dropped on “humanitarian grounds” to enable him to receive urgent medical care abroad, following a significant decline in his health.
The Lawsuit
Gambaryan filed a suit through his lawyer, Tonye Krukrubo, SAN, seeking redress for the violation of his fundamental rights.
According to the suit, the prolonged detention “caused immense hardship and emotional stress to the applicant, his wife, children, and other members of his family.”
In the prayers of the counsel to the court, he requested that the NSA and EFCC be compelled to issue an apology to his client for his prolonged detention in Nigeria.
The counsel attached an affidavit to Gambarayan’s claim alleging that the Federal Government used his prolonged detention “as leverage to continue making demands on Binance.”
The EFCC and NSA filed a counter-affidavit urging the court to dismiss the application.
The counsel to the EFCC, Olanrewaju Adeola, drew the court’s attention to a pending suit between the Federal Government and Binance Holdings over alleged money laundering and foreign-exchange violations. He argued that Gambaryan’s application constituted an abuse of court process, urging the court for a dismissal.
The Decision of the Court
The sitting judge, Umar Mohammed, held that fundamental human rights are not absolute and may be restricted under special circumstances. He noted that an earlier bail application by Gambaryan was denied because he was considered a flight risk.
After noting the pending criminal charges against Binance and reviewing the counter-affidavit filed by the government agencies, the court dismissed Gambaryan’s suit as an abuse of court process.
In his judgement, Justice Umar stated that the court would not, under the guise of protecting Gambaryan’s fundamental rights, “interfere” with the prosecutorial duties of Nigerian authorities investigating suspected foreign-exchange violations and alleged money laundering involving Binance.
