December 23, 2024

Detained Binance official challenges NSA, EFCC in court

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The detained Binance executive, Tigran Gambaryan, has sued Nigeria’s security adviser, Nuhu Ribadu, and the Economic Financial Crimes Commission for violation of his fundamental rights.

In the originating motion dated and filed March 18 by his lawyer, Olujoke Aliyu, from Aluko and Oyebode Law Firm, Mr Gambaryan sought five reliefs before Justice Inyang Ekwo.

Also, Nadeem Anjarwalla, Binance’s Africa regional manager, who escaped from lawful custody on March 22, filed a separate rights enforcement suit.

Messrs Gambaryan and Anjarwalla, in the suits, marked FHC/ABJ/CS/356/24 and FHC/ABJ/CS/355/24, had sued the Office of NSA and EFCC as first and second respondents.

They sought the same reliefs.

In his application, Mr Gambaryan, a U.S. citizen overseeing financial crime compliance at the crypto exchange platform, sought a declaration that his detention and seizure of his passport contravened sections 35 (1) and (4) of the 1999 Constitution (as amended).

He said the act violated his fundamental right to personal liberty, which is guaranteed by the Constitution. He also sought an order directing the respondents to release him from their custody and! return his international travel passport with immediate effect.

Mr Gambaryan also sought an order of perpetual injunction restraining the respondents and agents from further detaining him in relation to any investigation into or demands from Binance.

The Binance executive sought an order for the respondents to issue a public apology to him and demanded the cost of the action on a full indemnity basis.

In a statement in support of the suit, he said he is an American citizen who visited Nigeria on February 26, along with fleeing Nadeem Anjarwalla, as a representative of Binance to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.

Giving an 11-ground argument as to why his application should be granted, he said that he and his colleague, Anjarwalla, dutifully attended the meeting.

He said the respondents detained him and Mr Anjarwalla after the meeting. He said he did not commit any offence during the meeting, nor was he informed in writing of any offence he committed in Nigeria at any other time.

“The only reason for his detention is because the government is requesting information from Binance and making demands on the company,” he said, adding that he was not a member of the board of directors of Binance.

When the two suits were called on Thursday, T.J. Krukrubo, appeared for Messrs Anjarwalla and Gambaryan.

Mr Krukrubo told the court that though the respondents were served two days ago, they were not represented.

However, the lawyer drew the court’s attention to their notice of withdrawal of legal representation for Anjarwalla, filed on March 26.

Although Mr Krukrubo did not explain why they withdrew their legal representation, this might not be unconnected to Mr Anjarwalla’s escape from custody.

The judge said withdrawing the legal representation “means that the applicant has no legal representation and requires that the matter be adjourned for the applicant to seek legal representation and for the respondents to be given an opportunity to come to court.”

The judge adjourned the matter until April 8 for further mention.

Also, upon resumed hearing in Mr Gambaryan’s suit, Mr Krukrubo said though the processes had been served on ONSA and EFCC, they were still within time to respond.

Therefore, he sought an adjourned date, saying the respondents’ time to file their applications would expire next Thursday.

The judge consequently adjourned the matter until April 8 for further mention.

(NAN)

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