Nigerian Court Dismisses Binance Executive’s Human Rights Lawsuit Against NSA and EFCC

The Federal High Court in Abuja dismissed a fundamental rights lawsuit filed by Nadeem Anjarwalla, a Binance executive, against Nigeria’s National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC). The court's decision, delivered by Justice Inyang Ekwo, was based on the absence of legal representation for Anjarwalla during the proceedings

Anjarwalla's lawsuit claimed that his fundamental human rights were violated by the NSA and EFCC. He alleged unlawful detention and the seizure of his travel documents, citing Sections 35 (1) and (4) of the 1999 Constitution (as amended). His colleague, Tigran Gambaryan, also filed a similar suit, seeking a resolution for what they perceived as rights violations.

Legal Representation Issues

Anjarwalla’s legal representative, T.J. Krukrubo, SAN, withdrew from the case before the latest court appearance in March 2024. In his withdrawal notice, Krukrubo did not provide specific reasons but formally stepped away from representing Anjarwalla. 

On March 28, during a previous court sitting, Krukrubo had sought leave to withdraw, which the court granted. Justice Ekwo noted that the matter was adjourned for mention, but no lawyer appeared for Anjarwalla. Consequently, the judge dismissed the lawsuit for lack of diligent prosecution.

Gambaryan's Ongoing Legal Battle

While Anjarwalla's case was dismissed, Gambaryan continued his legal battle. Represented by Krukrubo, Gambaryan sought to amend his originating process. The court imposed a fine of N50,000 on Gambaryan, to be paid to the EFCC, for procedural issues. The fine must be settled before the next hearing, scheduled for July 9.

Gambaryan's lawsuit also claims that his detention and the seizure of his passport violated his fundamental rights under Section 35 (1) and (4) of the 1999 Constitution. He seeks a declaration of these violations and other related reliefs.

Broader Context

Both Anjarwalla and Gambaryan are US citizens working for Binance, a leading crypto exchange platform. They and their company face charges related to money laundering and tax evasion. 

The NSA initially detained the executives. Anjarwalla later absconded to Kenya, while Gambaryan remains in custody, facing significant health challenges during his incarceration.

Recently, Gambaryan achieved a minor legal victory when Nigeria’s Federal Inland Revenue Service dropped him from its tax violation charges against Binance. However, he continues to face money laundering charges brought by the EFCC.