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The High Court in Abuja has thrown out the suit filed by Tigran Gambaryan, Binance’s former Head of Financial Crime Compliance in Nigeria, against the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
Gambaryan, through his lawyer, challenged the NSA and EFCC over what he claimed was unlawful and prolonged detention.
However, in his ruling, Justice Mohammed Umar held that the fundamental rights enforcement suit amounted to an abuse of court process.
Justice Umar ruled that the NSA acted within its lawful mandate and that no court could restrain the investigative powers of the police or the EFCC.
He added that Gambaryan provided no evidence showing he had immunity from prosecution in Nigeria. The judge therefore dismissed the case.
Gambaryan and his colleague, Nadeem Anjarwalla, were detained at the NSA’s office over allegations of money laundering and foreign exchange violations linked to Binance Holdings Ltd.
Anjarwalla later escaped custody and fled the country in early 2024.
In his suit, Gambaryan’s lawyer, Tonye Krukrubo, SAN, asked the court to enforce his client’s fundamental rights, arguing that the government used his prolonged detention “as leverage to continue making demands on Binance.”
He explained that Gambaryan, an American citizen, visited Nigeria on February 26, 2024, with Anjarwalla at the invitation of NSA and EFCC officials and was detained despite not being a board member of Binance.
Krukrubo sought declarations that the applicant’s detention before and after the remand order expired caused significant emotional and personal hardship.
But the EFCC and NSA, in a counter-affidavit, urged the court to dismiss the case.
EFCC’s lawyer, Olanrewaju Adeola, pointed to a separate charge filed on March 28, 2024, before Justice Emeka Nwite, involving allegations of money laundering and FX violations against Binance.
He argued that a valid remand order covered the period in question and that the suit was a gross abuse of court process.
Justice Umar, in his judgement, said the court could not use a fundamental rights claim to obstruct the authorities’ prosecution of suspected foreign exchange infractions and alleged money laundering involving Binance.
He noted that the criminal charges filed against the company in 2024 remain pending.
He added that affidavit evidence showed Gambaryan had appeared before Justice Nwite, been arraigned, and subsequently been remanded in a correctional facility. His bail application was also refused because the court considered him a flight risk.
Justice Umar concluded that the EFCC and NSA had presented credible evidence showing that intelligence reports linked Binance and its officials to alleged FX violations and money laundering.
He emphasised that fundamental rights are not absolute and may be restricted when necessary.
The judge then dismissed Gambaryan’s suit, describing it as an abuse of court process.
