Emmanuel Ochayi
Amended Motion Filed in Abuja Court
A Binance executive, Tigran Gambaryan, has requested the Federal High Court in Abuja to award legal costs against the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC), over his extended detention in Nigeria.
This request was included in his proposed amended originating motion for the enforcement of his fundamental rights. The suit, marked FHC/ABJ/CS/356/2024, was dated May 8, 2024, and announced before the court by his lawyer, Tonye Krukrubo SAN, on Wednesday, June 19, 2024.
Join our WhatsApp ChannelBackground of the Case
Previously, Gambaryan’s lawyer had asked the court to compel the NSA and EFCC to apologise for his detention. The initial suit was adjourned to June 19 for a hearing.
Gambaryan’s lawyer sought to amend the fundamental rights suit before Wednesday’s hearing. In his initial suit, Gambaryan stated that the Federal Government was using his detention to leverage demands on Binance.
Detention Details
Gambaryan, an American citizen, visited Nigeria on February 26, 2024, with Nadeem Anjarwalla, to meet with government officials as representatives of Binance. After the meeting, Gambaryan was detained and has not been released.
Krukrubo explained that his client’s detention and the seizure of his passport violated his fundamental right to personal liberty guaranteed by the 1999 Constitution. He urged the court to restrain Nigeria’s security agencies from detaining him further.
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Request for Legal Costs
In the proposed amended motion, Krukrubo sought “the costs of this action on a full indemnity basis.” He explained, “The unlawful detention of the applicant caused immense hardship and emotional stress on him and his family.”
Court Proceedings
During the proceedings, Krukrubo asked Justice Inyang Ekwo to grant leave to amend the suit. EFCC’s counsel, Olanrewaju Adeola, opposed the amendment, arguing it was incompetent.
After hearing both sides, the judge overruled the EFCC counsel and directed Gambaryan’s lawyer to serve the amended motion on the respondents within two days. The judge stated, “Parties are entitled to amend their processes even before judgment.”
The judge adjourned the case to July 9 for a full hearing on the amended motion and any other applications. He also ordered the applicant to pay the respondents N50,000 for the costs of their initial processes.
Context of the Detention
The Federal Government recently accused Binance of influencing foreign exchange rates, leading to stricter oversight of crypto trading platforms. On February 28, Nigerian authorities detained Gambaryan and Anjarwalla. The NSA later confirmed that Anjarwalla had fled the country.
Last week, the Federal Inland Revenue Service (FIRS), filed amended charges against Binance, naming it as the sole defendant. The trial judge, Emeka Nwite, eventually struck out the names of the Binance executives from the FIRS matter, leaving them as co-defendants in the EFCC’s money laundering suit.
The ongoing legal battle highlights the tension between Binance and Nigerian authorities. As the case proceeds, the outcome may have significant implications for cryptocurrency regulation and the rights of foreign executives in Nigeria.
