Tigran Gambaryan, a high-ranking official at Binance, has formally petitioned the Federal High Court in Abuja to direct the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC) to compensate him for the extended duration of his custody in Nigeria. This plea is encapsulated within an amendment to his original motion, which seeks to uphold his fundamental human rights. His legal counsel, Tonye Krukrubo SAN, articulated this amendment during a court session.
Previously, in May 2024, Gambaryan had initiated legal proceedings against the NSA and EFCC, alleging that his ongoing detention constituted a breach of his basic human rights. The case was initially set to be heard in court but was subsequently postponed to June 19, 2024.
At a recent court hearing within the same week, Gambaryan’s attorney requested the court’s approval to modify the existing lawsuit that defends Gambaryan’s fundamental rights. According to statements made in the original lawsuit, it was suggested that the federal government was exploiting Gambaryan’s continued detention as a bargaining chip to exert pressure on Binance for concessions.
Gambaryan has implored the court to recognize the impropriety of his detention and the confiscation of his international travel passport as an infringement of his fundamental human rights. Furthermore, he has requested the court to issue an injunction to prevent the authorities from holding him in custody in relation to any ongoing inquiries into Binance’s activities.
In the revised version of the motion, Krukrubo, acting on behalf of Gambaryan, has included a request for “the costs of this action on a full indemnity basis” in conjunction with the claims made in the initial lawsuit. An order for indemnity costs is a legal request for reimbursement that covers the full extent of the expenses and inconveniences incurred as a result of the litigation process. This means that Gambaryan is seeking to have all his legal costs fully covered by the NSA and EFCC as compensation for the extended legal battle he has been subjected to due to his detention.
During the proceedings, while Krukrubo was attempting to modify the lawsuit, Olanrewaju Adeola, representing the EFCC, contended that the application for amendment was flawed and urged the court to reject it.
Despite the EFCC counsel’s argument, Justice Inyang Ekwo decided in favor of Gambaryan’s legal right to amend his legal documents before the court delivers its judgment. Justice Ekwo instructed Krukrubo to distribute the revised motion to the involved parties within a two-day timeframe, affirming the applicant’s entitlement to make such amendments.
“The motion on notice by the applicant for amendment of his originating process dated 8 May 2024 is moved,” declared the judge.
Subsequently, Justice Ekwo postponed the case to July 9, 2024, to conduct a comprehensive examination of the amended motion and to consider any other related applications. Additionally, he mandated that Gambaryan compensate the respondents with ₦50,000 to cover the expenses associated with the processes they had submitted in response to the original suit concerning fundamental human rights.
While Gambaryan has secured permission to revise his initial lawsuit and has been scheduled for a future hearing, the situation for his colleague, Nadeem Anjarwalla, who escaped from custody and left Gambaryan behind, took a different turn. Anjarwalla’s own lawsuit was dismissed by the court.