Breaking: Court dismisses ex-Binance chief Gambaryan’s detention suit against EFCC, NSA

The Federal High Court in Abuja on Thursday dismissed a compensation suit filed by former Binance Head of Financial Crime Compliance, Tigran Gambaryan, against the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC) over alleged “prolonged detention” in Nigeria.

Delivering judgment, Justice Umar Mohammed ruled that the court could not, under the guise of Gambaryan’s fundamental rights claims, “interfere” with the prosecutorial powers of Nigerian authorities in investigating suspected foreign exchange violations and alleged money laundering involving Binance, Nairametrics disclosed

Gambaryan had sought costs against the NSA and EFCC, claiming his detention caused “immense hardship and emotional stress” to him and his family. According to his lawyers, Gambaryan, an American citizen, visited Nigeria on February 26, 2024, with Nadeem Anjarwalla to meet government officials as representatives of Binance.

He was later detained despite not being a board member of the company. His legal team argued that:

“The unlawful detention of the applicant (Gambaryan) by the respondents from February 26, 2024, to February 27, 2024… and from March 12, 2024, to April 8, 2024… has caused immense hardship and emotional stress to the applicant, his wife, children, and other members of his family.”

However, the EFCC and NSA countered that Gambaryan had been remanded during the relevant period, with EFCC counsel Olanrewaju Adeola describing the suit as “a gross abuse of court process.” Adeola referenced ongoing proceedings in Suit and Charge No. FHC/ABJ/CR/138/2024 — Federal Republic of Nigeria v. Binance Holdings Ltd & Anor, which involve allegations of money laundering and foreign exchange violations.

Justice Umar highlighted that criminal charges in the case remain pending and that Gambaryan appeared for arraignment before Justice Emeka Nwite. The judge also noted that Gambaryan’s bail application was denied due to being “a flight risk.”

“Fundamental rights are not absolute,” the judge ruled, noting they may be curtailed when circumstances require. He added:
“No court has the power to stop the investigative powers of the police or EFCC.”

The court further held that Gambaryan provided no evidence of immunity from prosecution under Nigerian law, dismissing his application as an abuse of court process.