The Federal High Court in Abuja has dismissed a fundamental rights suit filed by Tigran Gambaryan, a former head of Financial Crime Compliance at Binance in Nigeria, against the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
Gambaryan had approached the court through his lawyer, Tonye Krukrubo (SAN), alleging unlawful and prolonged detention by the two agencies. He sought, among other reliefs, a public apology from the NSA and EFCC over his arrest and detention.
In his judgment, Justice Mohammed Umar ruled that the action amounted to an abuse of court process. The judge held that the NSA acted within the powers granted by law and stressed that no court has the authority to halt the lawful investigative functions of the police or the EFCC.
Justice Umar further noted that Gambaryan failed to provide any evidence showing that he enjoyed immunity from prosecution under Nigerian law. On that basis, the court struck out the suit.
Gambaryan and his colleague, Nadeem Anjarwalla, were earlier detained at the NSA’s office in connection with allegations of money laundering and foreign exchange violations involving Binance Holdings Ltd. Anjarwalla later escaped from custody and fled the country in early 2024.
In his affidavit, Gambaryan claimed that he travelled to Nigeria on February 26, 2024, solely to honour an invitation for a meeting with government officials as a representative of Binance. He said he was invited by officials of the NSA and EFCC but was detained after the meeting, despite not being a board member of the company.
He argued that his detention before and after the expiration of a remand order caused significant hardship and emotional distress to him and his family.
However, the EFCC and NSA opposed the application in a counter-affidavit. Counsel to the EFCC, Olanrewaju Adeola, informed the court that criminal charges had already been filed on March 28, 2024, against Binance Holdings Ltd and another party, and that the case is currently before Justice Emeka Nwite.
Adeola urged the court to dismiss the suit, describing it as a gross abuse of court process. He also pointed out that a valid remand order had been issued against Gambaryan during the period in question.
In his ruling, Justice Umar said the court would not use a fundamental rights claim to interfere with the lawful investigation and prosecution of alleged foreign exchange contraventions and money laundering involving the cryptocurrency firm.
The judge confirmed that Gambaryan had been arraigned before Justice Nwite and remanded in a correctional facility. He also noted that his bail application had earlier been refused on the grounds that he posed a flight risk.
Justice Umar added that intelligence reports received by the NSA linked Binance and its officials to suspected financial crimes. He emphasised that fundamental rights are not absolute and may be restricted when circumstances demand.
The court, therefore, dismissed the suit in its entirety.
