Court Dismisses Gambaryan’s Detention Suit Against NSA and EFCC

The Federal High Court in Abuja has dismissed a compensation suit filed by former Binance Head of Financial Crime Compliance, Tigran Gambaryan, against Nigeria’s Office of the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC). Gambaryan had alleged that his prolonged detention in Nigeria violated his fundamental rights.

Justice Umar Mohammed ruled that the court would not interfere with the prosecutorial role of Nigerian authorities investigating suspected foreign exchange violations and alleged money laundering involving Binance. The suit, which sought costs against the NSA and EFCC, was dismissed on the grounds that it constituted an abuse of court process.

Gambaryan’s counsel, Tonye Krukrubo (SAN) and Sunday Agaji, had earlier filed an amended motion in June 2024 seeking enforcement of his rights. They argued that his detention from February 26 to February 27, 2024, before a remand order, and again from March 12 to April 8, 2024, after the remand order expired, caused severe hardship to him and his family. Gambaryan, an American citizen, had traveled to Nigeria with colleague Nadeem Anjarwalla to attend a meeting with government officials, only to be detained despite not being a board member of Binance.

The EFCC countered in July 2024, pointing to an ongoing criminal case, Federal Republic of Nigeria v. Binance Holdings Ltd & Anor, filed in March 2024 before Justice Emeka Nwite. The commission argued that a remand order had been issued against Gambaryan and that the suit was a gross abuse of process.

Delivering judgment, Justice Umar noted that criminal charges against Binance and its officials remain pending. He observed that Gambaryan had appeared for arraignment before Justice Nwite and was remanded at a correctional centre. His bail application was rejected on the grounds that he posed a flight risk.

The court held that affidavits submitted by the EFCC and NSA established that intelligence reports linked Binance to foreign exchange contraventions and money laundering. Justice Umar stressed that fundamental rights are not absolute and may be curtailed when circumstances require. He concluded that Gambaryan provided no evidence of immunity from prosecution under Nigerian law, and therefore dismissed the application.