Summary
The Federal High Court in Abuja has rejected the suit filed by Tigran Gambaryan, former Binance Head of Financial Crime Compliance in Nigeria, against the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC), dismissing his claims of unlawful and prolonged detention.
Justice Mohammed Umar ruled that Gambaryan’s fundamental rights enforcement suit amounted to an abuse of court process. He held that the NSA acted within its lawful authority, stressing that no court could prevent the police or EFCC from carrying out investigations. The judge also noted that Gambaryan presented no proof that he held any form of immunity under Nigerian law, and therefore dismissed the matter.
Gambaryan and his colleague, Nadeem Anjarwalla, had been detained by the NSA in connection with allegations of money laundering and foreign exchange violations involving Binance Holdings Ltd. While Anjarwalla escaped custody and fled the country in early 2024, Gambaryan remained in Nigeria and, through his lawyer, sought legal redress.
In the suit filed by his counsel, Tonye Krukrubo, SAN, Gambaryan asked the court to declare his detention unlawful and compel the NSA and EFCC to issue an apology. Krukrubo argued that the prolonged detention was allegedly being used “as leverage to continue making demands on Binance.” He explained that his client, a U.S. citizen, had travelled to Nigeria on Feb. 26, 2024, alongside Anjarwalla, solely to honour a meeting invitation from the NSA and EFCC, only to be detained afterward despite not being a board member of the cryptocurrency platform.
The lawyer further urged the court to declare that the detention from February 26 to February 27, 2024, and from March 12 to April 8, 2024 the period when the remand order had expired, caused “immense hardship and emotional stress” to Gambaryan and his family.
However, in a counter-affidavit, the EFCC and NSA insisted the application be dismissed. EFCC counsel, Olanrewaju Adeola, referenced an existing charge filed on March 28, 2024, involving the Federal Republic of Nigeria, Binance Holdings Ltd, and another party, which is currently before Justice Emeka Nwite. He maintained that the suit constituted a gross abuse of process and urged the judge to consider the facts already before the sister court.
Adeola also argued that a valid remand order had been issued against Gambaryan during the disputed detention period.
In delivering judgment, Justice Umar said the court could not “interfere” with the prosecutorial responsibilities of Nigerian authorities, especially in a case involving suspected foreign exchange violations and alleged money laundering linked to the cryptocurrency platform. He noted that the criminal charges against Binance filed in 2024 remain pending.
The judge added that evidence before the court showed Gambaryan had appeared for arraignment before Justice Nwite and was subsequently remanded in a correctional centre, with his bail application denied on grounds that he was “a flight risk.”
He further stated that the affidavits provided by both the NSA and EFCC established that the NSA acted based on intelligence reports relating to alleged FX offences and money laundering involving Binance officials. Justice Umar emphasised that fundamental rights, while guaranteed, are not absolute and may be restricted when necessary.
He therefore dismissed the suit as an abuse of court process.
What You Should Know
Tigran Gambaryan’s attempt to challenge his detention failed because the court ruled that the NSA and EFCC acted within their legal investigative powers, especially since pending criminal charges involving Binance remain unresolved.
The judge held that Gambaryan’s rights were not violated in a manner that warranted intervention and dismissed the suit as an improper use of the court system.
