Justice Inyang Ekwo of the Federal High Court in Abuja on Wednesday dismissed the fundamental rights enforcement suit filed by Nadeem Anjarwalla, the Africa Regional Manager of Binance Holdings Limited, who is currently on the run. The suit was against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
In a succinct ruling, Justice Ekwo dismissed the case due to lack of diligent prosecution. The judge noted that on March 28, Anjarwalla’s counsel, Tonye Krukrubo (SAN), had requested to withdraw from the case, a request that was granted. The matter was adjourned until Wednesday for further mention, but no representative appeared on behalf of the applicant.
Anjarwalla, alongside his colleague Tigran Gambaryan, had filed separate suits seeking the enforcement of their human rights against the NSA and EFCC. They sought orders for their release from detention. The cases, marked FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24, named the Office of the National Security Adviser (ONSA) and the EFCC as respondents.
On Wednesday, Krukrubo appeared only for Gambaryan, moving a motion to amend his client’s originating process. This motion was opposed by the EFCC lawyer, Olarewanju Adeola. However, Justice Ekwo granted Krukrubo’s request, noting that parties are legally entitled to amend their processes before judgment. “I am minded to grant this amendment,” he stated.
Despite allowing the amendment, the court fined Gambaryan N50,000, payable to the EFCC, for procedural issues. Justice Ekwo ordered that the fine be settled before the next adjourned date of July 9.
Anjarwalla and Gambaryan had sought declarations that their detention and the seizure of their passports violated Section 35 (1) and (4) of the 1999 Constitution (as amended). They claimed these actions infringed on their fundamental rights to personal liberty.
Both executives, who are U.S. citizens, work for Binance, a major cryptocurrency exchange platform. They and their company face allegations of money laundering from the EFCC and tax evasion from the Federal Inland Revenue Service (FIRS). Anjarwalla had initially been detained by the NSA but escaped custody on March 22, 2024, fleeing to Kenya.