Why Court Dismissed Binance Executive’s Rights Suit Against NSA and EFCC

The Federal High Court in Abuja on Wednesday, June 19, 2024, dismissed a fundamental rights enforcement suit filed by Nadeem Anjarwalla, a fleeing executive of Binance Holdings Ltd, against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).

Justice Inyang Ekwo dismissed the suit due to lack of diligent prosecution. The court noted that no lawyer appeared on behalf of Anjarwalla, nor was the applicant present in court when the case was called.

Justice Ekwo recalled that Senior Advocate of Nigeria (SAN), Tonye Krukrubo, had sought leave to withdraw as Anjarwalla’s lawyer on March 28, a request that was granted by the court. The judge had adjourned the matter until Wednesday for mention, but the absence of representation led to the dismissal of the suit.

Sources report that Anjarwalla, Binance’s Africa regional manager, had previously filed a separate rights enforcement suit alongside his colleague, Tigran Gambaryan, against the NSA and EFCC, seeking orders for their release from detention.

Recall that Anjarwalla escaped from lawful custody on March 22 and fled to Kenya. In contrast, Mr. Gambaryan remains in court-ordered custody, facing ongoing money laundering charges.

Both Anjarwalla and Gambaryan filed their suits before Justice Ekwo, marked as FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24 respectively, naming the NSA office and the EFCC as the first and second respondents. They sought declarations that their detention and the seizure of their passports contravened Section 35 (1) and (4) of the Nigerian constitution, violating their fundamental right to personal liberty.

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In a related development, Justice Ekwo scheduled a hearing for Gambaryan’s suit on July 9. This decision followed a motion by Krukrubo, now representing Mr. Gambaryan, seeking to amend their originating process. Although EFCC’s lawyer, Olarewanju Adeola, opposed the motion, the judge ruled that parties are entitled to amend their processes before judgment.

“I am minded to grant this amendment,” Justice Ekwo stated, while imposing a N50,000 fine on Gambaryan in favor of the EFCC, which must be paid before the next hearing date on July 9. The court is set to hear both the preliminary objection to the suit and the substantive matter on that day.