The Federal High Court in Abuja has ruled to dismiss the lawsuit filed by Binance executive Nadeem Anjarwalla, which sought to address alleged violations of his fundamental human rights by the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC). The dismissal, as decreed by Justice Inyang Ekwo, was predicated on the fact that Anjarwalla lacked legal representation during the court proceedings.
Anjarwalla had initiated legal action against the NSA and the EFCC, claiming that his rights were infringed upon when he was detained and his travel documents were confiscated. He referenced Sections 35 (1) and (4) of the 1999 Constitution (as amended) in his suit. In a parallel move, his colleague, Tigran Gambaryan, had filed a similar lawsuit seeking comparable relief.
However, the case took a turn when Anjarwalla’s counsel, T.J. Krukrubo, Senior Advocate of Nigeria (SAN), from the law firm Aluko & Oyebode, formally withdrew from representing him. This withdrawal occurred prior to the latest court session in March 2024. In his official notice of withdrawal, Krukrubo informed the court of the decision to cease legal representation for Anjarwalla but did not provide an explanation for this action. Consequently, the absence of a legal advocate for Anjarwalla during the legal proceedings led to the dismissal of his lawsuit.
Following an incident where Nadeem Anjarwalla, a Binance executive, managed to flee custody despite the seizure of his travel documents, the Federal High Court in Abuja has ruled to dismiss his fundamental rights lawsuit against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC). This development left his colleague, Tigran Gambaryan, in detention. Both individuals were initially detained by Nigerian authorities in February 2024.
Subsequent to their detention, Anjarwalla was reportedly spotted in Kenya, suggesting that he had left Nigeria, while Gambaryan remained confined at the Kuje Correctional Centre in Abuja. There were reports of Anjarwalla’s arrest in Kenya, but these were refuted by his wife and some Kenyan officials, casting doubt on the veracity of his apprehension.
During the latest court session, the absence of legal representation for Anjarwalla became a pivotal issue. His lawyer, T.J. Krukrubo, SAN, had previously withdrawn from the case, and no new counsel had stepped forward to represent Anjarwalla. As a result, Justice Inyang Ekwo issued an order to dismiss the lawsuit due to a lack of diligent prosecution, which was attributed to Anjarwalla’s failure to maintain legal representation in the proceedings.
The Federal High Court in Abuja has set a date for the hearing of Tigran Gambaryan’s lawsuit, with proceedings scheduled to take place on July 9, 2024. Gambaryan, who is associated with the cryptocurrency exchange Binance, had filed a suit mirroring that of his colleague Nadeem Anjarwalla, who recently had his own case dismissed due to lack of representation.
In a related development, the Federal Inland Revenue Service (FIRS) has been pursuing a separate legal action against Binance and its executives, accusing them of tax evasion. However, in a recent turn of events, both Gambaryan and Anjarwalla were removed as defendants from this case, leaving Binance to face the charges independently. This decision came after the FIRS acknowledged Ayodele Omotilewa as the authorized representative for Binance.
The exclusion of Gambaryan and Anjarwalla from the FIRS lawsuit aligns with Binance’s argument that Gambaryan should not be held accountable while discussions with the Nigerian government are ongoing.
Despite this development in the FIRS litigation, both Gambaryan and Anjarwalla continue to be implicated in a separate lawsuit filed by the Economic and Financial Crimes Commission (EFCC), which levels accusations of money laundering against Binance. Nevertheless, Binance remains hopeful that the EFCC will take a cue from the FIRS and similarly remove Gambaryan and Anjarwalla as defendants, given the recent developments and the exchange’s ongoing engagement with Nigerian authorities.
