Court strikes out escaped Binance executive, Nadeem Anjarwalla’s fundamental rights suit

The Federal High Court sitting in Abuja today struck out a fundamental rights suit filed against the Office Of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC) by escapee Binance Executive, Nadeem Anjarwalla.

Anjarwalla who escaped lawful custody on March 22 and reportedly fled to Kenya, and his colleague Tigran Gambaryan had initiated separate legal action (suits marked FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24) alleging that their detention and seizure of his international travel passport violated Section 35 (1) and (4) of the 1999 Constitution (As amended).

“The continued detention of the Applicant by the Respondents is causing immense hardship and emotional stress on the Applicant, his wife and children and other members of his family,” the application stated.

 Presiding over the case, Justice Inyang Ekwo delivered a verdict on the suit today after Anjarwalla’s legal team failed to appear during the proceedings. The judge emphasized that despite the case being scheduled for mention there was no representation for the applicant.

Another media platform reports that Nadeem Anjarwalla’s counsel Tonye Krukrubo, SAN, withdrew his legal representation three months ago. The development came after the NSA had confirmed that Anjarwalla had fled the country after escaping from detention. Krukrubo announced his legal team’s withdrawal but did not explain his reason for withdrawal.

Justice Ekwo struck out the fundamental rights case “for want of diligent prosecution.” The Court has fixed July 9 for a hearing on Gambaryan’s suit.

Recall that last week, a Federal High Court in Abuja dropped charges against two executives of crypto exchange company, Binance, Tigran Gambaryan and Nadeem Anjarwalla from the FIRS tax evasion case against the company.

This follows the appointment of a Nigerian representative by Binance, Ayodele Omotilewa. Counsel for Binance, Tonye Krukrubo (SAN) told presiding Justice Emeka Nwite that Binance has forwarded the name of its official representative in the case to the FIRS and the court. Listing Binance as the sole defendant in the case implies that Gambaryan and Nadeem are no longer associated with its case.

 In the amended charge, Binance was accused of enabling the buying and selling of cryptocurrencies and the remittance and transfer of those assets to Nigerians while failing to deduct the necessary Value Added Taxes (VAT) from the transactions.

Read also: Tax evasion: Court drops charges against Binance executives, Tigran Gambaryan and Nadeem Anjarwalla

What next for Nadeem Anjarwalla?

Nadeem Anjarwalla, a British Kenyan, a regional manager for Africa was detained alongside Tigran Gambaryan, a U.S. citizen and Binance’s head of financial crime compliance. were charged to court by Nigeria’s tax agency, the Federal Inland Revenue Service (FIRS) on the charges of tax evasion.

The two Binance executives were said to have been detained at a “comfortable guest house” and allowed many privileges despite being under arrest. These privileges include the use of telephones, and Mr Anjarwalla is believed to have exploited that privilege to plan his escape.

Following their arrest in February, the Nigerian authorities filed criminal charges against the two Binance executives,  Tigran Gambaryan, before a Magistrate Court in Abuja. The court granted the Economic and Financial Crimes Commission (EFCC) an order to remand them for 14 days. The court also ordered Binance to provide the Nigerian government with information on Nigerians trading on its platform.

Following Binance’s refusal to comply with the order, a Nigerian court extended the remand of the officials for an additional 14 days to prevent them from tampering with evidence. The court then adjourned the case till 4 April 2024.

A few weeks after, 38-year-old Nadeem reportedly escaped from custody.

The incident allegedly occurred after guards on duty led him to a nearby mosque for prayers in the spirit of the ongoing Ramadan fast. After prayers, it was discovered that Mr Anjarwalla had escaped.  He is believed to have flown out of the country using a Middle East airliner.

The circumstances surrounding Mr Anjarwalla’s escape from the country remain unclear seeing as he managed to get on an international commercial flight even though the British passport with which he entered Nigeria, was seized by Nigerian authorities upon his arrest. However, an immigration official told Premium Times that the Binance executive fled Nigeria on a Kenyan passport.

There were reports of efforts by the Nigerian authorities to repatriate Najeem to the country, in partnership with the Kenyan authorities. But, not so much has been heard about that.

While Binance CEO, Richard Teng initially claimed it was working closely with the Nigerian government to resolve the situation, he would later announce that the Nigerian authorities were demanding a hefty bribe from its detained executives to make the money laundering trial initiated against them go away.

Read more: “Nigeria must release Tigran Gambaryan, if we are to move forward”, Binance CEO, Richard Teng says

In response, the Federal government vehemently debunked the claim and claimed it would ensure that the law takes its full course.