The Federal High Court in Abuja has dismissed a fundamental rights enforcement suit filed by former Binance Head of Financial Crime Compliance, Tigran Gambaryan, who accused Nigerian authorities of unlawfully detaining him in connection with ongoing investigations into alleged foreign exchange violations and money laundering involving the cryptocurrency exchange.
Delivering judgment on Thursday, Justice Umar Mohammed ruled that the court would not interfere with the statutory investigative and prosecutorial powers of the Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
He held that the suit was an abuse of court process, noting that criminal proceedings relating to the matter were already before another judge.
Details of the Case
Gambaryan had sought compensation and a public apology from the NSA and the EFCC, arguing that his detention early in 2024 violated his constitutional rights.
His legal team maintained that he had travelled to Nigeria on February 26, 2024, alongside colleague Nadeem Anjarwalla, solely to honour an official meeting request from the two agencies.
Both men were subsequently detained.
In his amended application filed in 2024, Gambaryan’s counsel argued that the periods of detention — first before a remand order was obtained and later after its expiration — caused severe emotional and psychological distress to his client and family.
However, the NSA and EFCC countered that their actions were lawful, stressing that an active criminal case, Federal Republic of Nigeria v. Binance Holdings Ltd & Anor, was already before Justice Emeka Nwite.
They argued that a valid remand order had been issued during the period in question and that Gambaryan had since been arraigned.
Court’s Findings
Justice Umar noted that the criminal charges against Binance and its representatives, filed in 2024, remain pending.
He further highlighted that Gambaryan had appeared before Justice Nwite for arraignment and was remanded at the correctional centre after his bail request was denied on the grounds that he posed a flight risk.
According to the judge, affidavits submitted by the NSA indicated that the government had received intelligence reports implicating Binance in alleged money laundering and FX manipulation.
He emphasised that while fundamental rights are protected under the constitution, they are not absolute and may be restricted under circumstances involving ongoing investigations.
The court also noted that Gambaryan provided no evidence that he was entitled to immunity from prosecution in Nigeria.
Background
The Nigerian government intensified scrutiny of cryptocurrency exchanges in early 2024, accusing Binance of contributing to volatility in the foreign exchange market.
The two executives who visited Nigeria for discussions with regulators — Gambaryan and Anjarwalla — were detained shortly after arrival.
Anjarwalla later escaped custody and fled the country, while Gambaryan remained detained under court orders.
Both men faced charges filed by the EFCC and the Federal Inland Revenue Service (FIRS), although subsequent amendments to the case left Binance as the sole defendant.
Gambaryan was eventually released by the government on health grounds.
Outcome
Justice Umar concluded that the application lacked merit and constituted an attempt to undermine ongoing criminal proceedings. The suit was accordingly dismissed.
