Babatunji Wusu –
Due to claimed violations of his fundamental rights, Tigran Gambaryan, an executive at Binance, has filed a lawsuit against the Economic Financial Crimes Commission (EFCC) and National Security Adviser (NSA), Nuhu Ribadu.
In the initial application, dated March 18, and submitted by his attorney, Olujoke Aliyu of the Aluko and Oyebode Law Firm, Gambaryan requested five reliefs from Justice Inyang Ekwo.
Additionally, on March 22, Nadeem Anjarwalla, the regional manager for Binance in Africa, broke free from legal custody and launched a second right enforcement lawsuit before Justice Ekwo.
In the cases filed under the numbers FHC/ABJ/CS/356/24 and FHC/ABJ/CS/355/24, Gambaryan and Anjarwalla named the Office of NSA (ONSA) and the EFCC as the first and second respondents, respectively.
They want the same reliefs. In his application, Gambaryan, a US citizen in charge of financial crime compliance at the cryptocurrency exchange platform, requested a declaration that his arrest and the confiscation of his passport for international travel violated Sections 35 (1) and (4) of the 1999 Constitution (as amended).
He claimed that the action amounted to a breach of his constitutionally protected basic right to personal liberty.
In addition, he asked for an order instructing the respondents to immediately free him from their custody and return his passport for foreign travel.
In addition, Gambaryan requested a permanent injunction prohibiting the respondents and their representatives from holding him any longer in connection with any inquiries made to Binance.
In addition to pleading for the respondents to publicly apologize to him, the official requested full indemnity for the costs incurred in this case.
In a statement in support of the lawsuit, he identified himself as an American citizen who, in response to the ONSA and EFCC’s invitation to address Binance-related matters in Nigeria on February 26, traveled to Nigeria along with Nadeem Anjarwalla, a representative of Binance.
He provided an eleven-point justification for the approval of his application, stating that he and his colleague Anjarwalla had faithfully attended the meeting.
He said after the meeting the two of them were detained by the respondents and had remained in detention since then.
He said he did not commit any offence during the meeting, and neither was he informed in writing of any offence he personally 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, SAN, appeared for Anjarwalla and Gambaryan
Krukrubo told the court that though the respondents were served two days ago, they were not represented in court.
The senior lawyer, however, drew the attention of the court to their notice of withdrawal of legal representation for Anjarwalla filed on March 26.
Although Krukrubo did not give details of why they were withdrawing their legal representation, this might not be unconnected to the disappearance of the applicant in custody.
Justice Ekwo said having withdrew their legal representation, “it 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 Gambaryan’s suit, Krukrubo said though the processes had been served on ONSA and EFCC, they were still within time to respond.
He consequently requested a postponement, stating that the respondent’s window of opportunity to submit their applications would close on Thursday of next week. As a result, Justice Ekwo postponed the decision until April 8 to allow for additional discussion.
