The Federal High Court in Abuja on Wednesday rejected a fundamental rights enforcement case filed by a Binance Holdings Ltd executive, Nadeem Anjarwalla, who is currently on the run, against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
Justice Inyang Ekwo ruled to dismiss the case due to lack of diligent prosecution.
During the hearing, no legal representative appeared for Anjarwalla, nor was Anjarwalla present in court.
In a brief ruling, Justice Ekwo noted that on March 28, Tonye Krukrubo, SAN, who had represented Anjarwalla, had requested to withdraw from the case, a motion which was granted.
The case was then adjourned to today for mention, but no legal representation appeared for the applicant.
According to the News Agency of Nigeria (NAN), Anjarwalla, Binance’s Africa regional manager, had earlier filed a separate rights enforcement lawsuit alongside his colleague, Tigran Gambaryan, against the NSA and EFCC, requesting their release from detention.
Anjarwalla escaped from custody on March 22 and fled to Kenya. Both Anjarwalla and Gambaryan’s cases were before Justice Ekwo.
In the suits, marked FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24, respectively, they sued the Office of the NSA (ONSA) and the EFCC as first and second respondents, seeking similar reliefs.
Anjarwalla and Gambaryan, a US citizen overseeing financial crime compliance at Binance, argued that their detention and the seizure of their passports violated Section 35 (1) and (4) of the 1999 Constitution (as amended), infringing on their fundamental right to personal liberty.
Justice Ekwo scheduled July 9 for the hearing of Gambaryan’s suit after his lawyer, Krukrubo, filed a motion to amend their originating process. Despite opposition from EFCC’s lawyer, Olarewanju Adeola, the judge allowed the amendment, citing the legal right to amend processes before judgment.
However, Gambaryan was fined ₦50,000 in favor of the EFCC for procedural issues, which must be paid before the next hearing on July 9, where the court will address the preliminary objection and the substantive matter.
