Abuja Court Dismisses Ex-Binance Executive’s Damages Claim Over Detention By NSA, EFCC

The Federal High Court in Abuja has dismissed a compensation suit filed by former Binance Head of Financial Crime Compliance, Tigran Gambaryan, against the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC), in a ruling that reinforces the government’s right to prosecute suspected financial crimes.

Justice Umar Mohammed, delivering judgment on Thursday, held that Gambaryan’s application was an attempt to use fundamental rights claims to interfere with the statutory powers of Nigerian authorities investigating alleged foreign exchange violations and money laundering linked to Binance.

Gambaryan, an American citizen, had asked the court to award damages, insisting that his detention in Nigeria caused immense hardship and emotional stress to him and his family.

He arrived in Nigeria on February 26, 2024, alongside colleague Nadeem Anjarwalla, for meetings with government officials but both of them were later detained.

His lawyers told the court that he was unlawfully held from February 26 to 27, and again from March 12 to April 8, 2024.

He explained that the detention has caused immense hardship and emotional stress to the applicant, his wife, children, and other members of his family.

However, the EFCC and NSA countered this claim, arguing that Gambaryan was properly remanded during the relevant period.

EFCC counsel, Olanrewaju Adeola, described the suit as a gross abuse of court process, noting that the American is already facing criminal proceedings in Charge No. FHC/ABJ/CR/138/2024, FRN v. Binance Holdings Ltd & Anor, involving alleged money laundering and foreign exchange infractions.

Justice Umar noted that Gambaryan is currently standing trial and had appeared before Justice Emeka Nwite for arraignment, where his bail was refused on the grounds that he posed “a flight risk.”

“Fundamental rights are not absolute,” the judge ruled, noting they may be curtailed when circumstances require.

“No court has the power to stop the investigative powers of the police or EFCC,” he added.

The court also held that Gambaryan failed to show any evidence of immunity from prosecution under Nigerian law.

It subsequently dismissed his suit in its entirety, branding it an abuse of court process.