The Federal High Court in Abuja has dismissed a 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).
Gambaryan had filed the suit, through his lawyer Tonye Krukrubo, SAN, seeking enforcement of his fundamental rights over what he described as unlawful and prolonged detention by the Nigerian authorities. He also sought an apology from the NSA and EFCC, alleging that the government used his detention “as leverage to continue making demands on Binance.”
Justice Mohammed Umar ruled that Gambaryan’s suit amounted to an abuse of court process. The judge held that the NSA acted within his legal mandate and that no court could obstruct the investigative powers of the EFCC or police. He further noted that Gambaryan had provided no evidence to show he enjoyed immunity from prosecution under Nigerian law.
Gambaryan and his colleague, Nadeem Anjarwalla, were detained at the NSA’s office in connection with alleged money laundering and foreign exchange violations involving Binance Holdings Ltd. Anjarwalla later fled the country in early 2024, while Gambaryan remained in custody.
In his affidavit, Gambaryan stated that he visited Nigeria on February 26, 2024, with Anjarwalla to attend a meeting with government officials, including Mr. Saad Abubakar (NSA) and Mr. Olalekan Ogunjobi (EFCC), as a Binance representative. He claimed that following the meeting, he was detained, causing “immense hardship and emotional stress” to him and his family.
In response, the EFCC and NSA submitted a counter affidavit urging the court to dismiss the case. EFCC lawyer Olanrewaju Adeola pointed out that a criminal case against Binance and its officials, filed on March 28, 2024, remains pending before Justice Emeka Nwite. Adeola noted that a remand order was issued against Gambaryan during the period in question, and his bail application was denied due to being deemed a “flight risk.”
Justice Umar held that Gambaryan’s fundamental rights claims could not be used to interfere with ongoing investigations into alleged foreign exchange violations and money laundering. The judge emphasized that fundamental rights are not absolute and may be curtailed when circumstances require.
He concluded that affidavits from the EFCC and NSA demonstrated that intelligence reports implicating Gambaryan in FX contraventions and money laundering were credible. Consequently, the court dismissed the suit as an abuse of process.
