The detained Binance executive, Tigran Gambaryan, has sued the National Security Adviser (NSA), Nuhu Ribadu, and the Economic Financial Crimes Commission (EFCC) over the alleged violation of his fundamental rights.
Gambaryan, in the originating motion dated and filed March 18 by his lawyer, Olujoke Aliyu, sought five reliefs before the presiding judge, Justice Inyang Ekwo, at the Federal High Court in Abuja.
Also, Nadeem Anjarwalla, the Binance’s Africa regional manager who escaped from custody on March 22, filed a separate right enforcement suit before Justice Ekwo.
Gambaryan and Anjarwalla, in the suits marked: FHC/ABJ/CS/356/24 and FHC/ABJ/CS/355/24, sued the Office of NSA (ONSA) and EFCC as 1st and 2nd respondents.
They sought the same relief.
Gambaryan, a U.S. citizen overseeing financial crime compliance at the crypto exchange platform, in his application, sought a declaration that his detention and seizure of his international travel passport contravened Section 35 (1) and (4) of 1999 Constitution (As Amended).
He said the act amounted to a violation of his fundamental right to personal liberty as guaranteed by the Constitution.
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The Binance executive also sought an order directing the respondents to release him from their custody and! return his international travel passport with immediate effect.
Gambaryan equally sought an order of perpetual injunction restraining the respondents and agents from further detaining him in relation to any investigation into or demands from Binance.
The Binance official, who sought an order for the respondents to issue a public apology to him, also prayed for the cost of the action on a full indemnity basis.
In a statement in support of the suit, he said he is an American citizen who visited Nigeria on February 26 February alongside Anjarwalla as a representative of Binance to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.
Giving an 11-ground argument why his application should be granted, the Binance executive said he and his colleague dutifully attended the meeting.
Gambaryan said after the meeting the two of them were detained by the respondents and had remained in detention since then.
He said he did not commit any offence during the meeting and neither was he informed in writing of any offence he personally committed in Nigeria at any other time.
“The only reason for detention is because the government is requesting information from Binance and making demands on the company,” he said, adding that he was not a member of the Board of Directors of Binance.
When the two suits were called on Thursday, T.J. Krukrubo, SAN, appeared for Anjarwalla and Gambaryan
Krukrubo told the court that though the respondents were served two days ago, they were not represented in court.
The lawyer, however, drew the attention of the court to their notice of withdrawal of legal representation for Anjarwalla filed on March 26.
Although Krukrubo did not give details of why they were withdrawing their legal representation, this might not be unconnected to the disappearance of the applicant in custody.
Justice Ekwo said having withdrawn their legal representation, “it means that the applicant has no legal representation and requires that the matter be adjourned for the applicant to seek legal representation and for the respondents to be given an opportunity to come to court.”
The judge, therefore, adjourned the matter until April 8 for further mention.
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