A Federal High Court sitting in Abuja has thrown out a fundamental rights enforcement suit filed by Tigran Gambaryan, a former executive of the global cryptocurrency platform Binance. The suit had challenged the legality of his detention by Nigeria's National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
Judge Upholds Powers of Investigative Agencies
Presiding Judge Justice Mohammed Umar delivered the judgment on Thursday, November 27. In his ruling, he declared that the suit amounted to an abuse of the court process. Justice Umar firmly held that the NSA acted within its statutory powers and emphasized that "no court can restrain investigative agencies from carrying out their lawful duties."
The judge further stated that the court would not interfere with the investigative and prosecutorial powers of Nigerian authorities, especially in serious matters involving allegations of foreign exchange infractions and money laundering.
Background of the Binance Executive's Detention
Tigran Gambaryan, who served as Binance's head of financial crime compliance, had filed the suit marked FHC/ABJ/CS/356/2024 through his legal representative, Tonye Krukrubo. Gambaryan told the court that he arrived in Nigeria on February 26, 2024, alongside a colleague, Nadeem Anjarwalla, to honor an invitation from the NSA and EFCC.
Despite not being a director of the cryptocurrency firm, he was detained. In his petition, he alleged unlawful and prolonged detention and claimed the government was using him "as leverage to continue making demands on Binance." His lawyer sought a court declaration that his client's detention between February 26-27 and again from March 12 to April 8, 2024, was unlawful, and demanded an apology and damages.
EFCC and NSA's Counter-Arguments Prevail
Lawyers representing the NSA and EFCC successfully urged the court to dismiss the suit. They described it as an attempt to obstruct an ongoing criminal prosecution. EFCC counsel, Olanrewaju Adeola, informed the court that a separate criminal case, FHC/ABJ/CR/138/2024, is before Justice Emeka Nwite, involving allegations of money laundering and forex violations against Binance Holdings Ltd.
Adeola argued that a valid remand order covered the period of Gambaryan's detention and noted that the executive had already been arraigned before Justice Nwite, who denied his bail application on the grounds that he was a flight risk. The judge concurred, noting that affidavits before the court showed the NSA acted based on intelligence reports of alleged illicit financial activities linked to the Binance platform.
Justice Umar concluded that while fundamental rights are constitutionally guaranteed, "they are not absolute and may be curtailed in circumstances involving national security or ongoing criminal investigations." The suit was dismissed accordingly.
