On Wednesday, a Federal High Court in Abuja dismissed a fundamental rights enforcement suit filed by Nadeem Anjarwalla, a fleeing executive of Binance Holdings Ltd, against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC). Justice Inyang Ekwo dismissed the suit due to a lack of diligent prosecution.
When the case was called, neither Anjarwalla nor his lawyer were present. Justice Ekwo noted that on March 28, Tonye Krukrubo, SAN, who represented Anjarwalla, had sought and was granted permission to withdraw from the case. The matter was then adjourned to today, but no lawyer appeared for Anjarwalla.
The News Agency of Nigeria (NAN) reported that Anjarwalla, Binance's Africa regional manager, had filed a separate suit along with his colleague, Tigran Gambaryan, against the NSA and EFCC, seeking their release from detention. However, Anjarwalla escaped custody on March 22 and fled to Kenya.
Anjarwalla and Gambaryan’s suits, marked FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24 respectively, were filed before Justice Ekwo. They sued the Office of NSA (ONSA) and EFCC as respondents, seeking the same reliefs. They argued that their detention and the seizure of their passports violated their fundamental right to personal liberty as guaranteed by Section 35 (1) and (4) of the 1999 Constitution (as amended).
Justice Ekwo scheduled July 9 for the hearing of Gambaryan’s suit. This date was set after Gambaryan’s lawyer, Krukrubo, moved a motion to amend their originating process. Although EFCC’s lawyer, Olarewanju Adeola, opposed the motion, the judge granted the amendment, stating that parties are entitled to amend their processes before judgment.
However, Gambaryan was fined N50,000 in favor of the EFCC for joining issues in the matter. Justice Ekwo ordered that the fine must be paid before the next hearing, scheduled for July 9, where the preliminary objection and the substantive matter will be heard.
