A FEDERAL High Court in Abuja, presided over by Justice Inyang Ekwo, on Wednesday, June 19, dismissed the fundamental rights enforcement suit filed by the Africa Regional Manager of Binance Holdings Limited, Nadeem Anjarwalla, against the Federal Government.
Justice Ekwo dismissed the suit against the National Security Adviser (NSA), Mallam Nuhu Ribadu, and the Economic and Financial Crimes Commission (EFCC) for lack of diligent prosecution, recalling that on the date of the previous sitting in the matter, March 28, 2024, Anjarwalla’s Counsel, Tonye Krukrubo (SAN), had sought leave to withdraw his appearance in the matter, which was granted.
The Judge said the matter was adjourned till Wednesday for mention, but no lawyer appeared for the Anjarwalla, who, along with his colleague, Tigran Gambaryan, had filed separate human rights enforcement suits against the NSA and EFCC, seeking an order to release them from detention.
Kukrubo, who appeared on Wednesday for Gambaryan, moved a motion seeking to amend his client-originating process.
This was, however, opposed by EFCC’s Counsel, Olarewanju Adeola.
Justice Ekwo, while granting Krukrubo’s request to amend his application, held that parties, by law, are entitled to amend their processes before judgment, adding: “I am minded to grant this amendment.”
The court, however, fined Gambaryan the sum of N50,000, to be paid to the EFCC before the next adjourned date, for joining issues in the matter.
He thereafter fixed July 9 for the hearing of Gambaryan’s suit, following the hearing of the preliminary objection and the substantive matter.
Anjarwalla and Gambaryan, in their fundamental rights enforcement suits, in separate applications, are seeking a declaration that their detention and the seizure of their international travel passport contravened Section 35 (1) and (4) of the 1999 Constitution (as amended), claiming that the act amounted to a violation of their fundamental right to personal liberty, as guaranteed by the constitution, among others.
Anjarwalla and Gambaryan, both US citizens working for Binance, and their company are facing charges bordering on money laundering with the EFCC and tax evasion with the Federal Inland Revenue Service (FIRS). Their case with the FIRS has been dismissed following withdrawal of the charges by applicant.
Upon their arrest, the duo were detained in the custody of the NSA, but Anjarwalla escaped from lawful custody and fled the country on March 22, 2024, to Kenya, using a Kenyan passport.
