Justice Inyang Ekwo, of the Federal High Court, Abuja, will on April 8, begin hearing in the case filed by detained Binance executive, Tigran Gambaryan, and Nadeem Anjarwalla, Executive Manager, West African Region, over their detention by the Office of the National Security Adviser (NSA).
Nuhu Ribadu, and the Economic Financial Crimes Commission (EFCC) over alleged violation of his fundamental rights.
The suit filed by Olujoke Aliyu, from Aluko and Oyebode Law Firm, Gambaryan, through an originating motion dated and filed March 18, is however now concentrating on the latter, since the escape of Anjarwalla from custody, as legal representation on his behalf has now been withdrawn.
Aliyu, in filing the matter, sought five reliefs on behalf of Gambaryan, while Anjarwalla, who allegedly escaped on Friday, March 22, reportedly filed a separate case also bothering on enforcement of rights.
Marked: FHC/ABJ/CS/356/24 and FHC/ABJ/CS/355/24, the suits both against the ONSA and the Economic and Financial Crimes Commission (EFCC) as first and second respondents, with Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, specifically seeking a declaration that his detention and seizure of his international travel passport, contravened Section 35 (1) and (4) of 1999 Constitution (As Amended).
Arguing that the act amounted to a violation of his fundamental right to personal liberty as guaranteed by the constitution, he also sought an order directing the authorities to release him from their custody and return his international travel passport with immediate effect.
Gambaryan, who also prayed the court for an order of perpetual injunction restraining the ONSA and EFCC as well as their agents from further detaining him in relation to any investigation into or demands from Binance, also demanded a public apology to him, and bearing the cost of the legal action on a full indemnity basis.
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He argued in his statement supporting the claim that as an American citizen he only visited Nigeria on February 26, along with Anjarwalla, as a representative of Binance, to honour the invitation of the ONSA and EFCC to discuss issues relating to Binance in Nigeria.
Giving 11-ground argument why his application should be granted, he said that he and Anjarwalla, dutifully attended the meeting, but were detained thereafter and had since remained in detention since then.
Maintaining that he did not commit any offence during the meeting, neither was he informed in writing of any offence he personally committed in Nigeria at any other time, he added: “The only reason for my detention is because the government is requesting information from Binance and making demands on the company. I am not a member of the Board of Directors of Binance.
T.J. Krukrubo (SAN), who initially appeared for both petitioners, while reminding the court that though the respondents were served two days ago, they were not represented in court, however, drew the attention of the court to the notice of withdrawal of legal representation for Anjarwalla filed on March 26, though he did not give details of why they were withdrawing their legal representation.
Ekwo, while acknowledging that such move meant that the applicant had no legal representation, but must be accorded, one, said he had to adjourn to enable him seek legal representation and for the respondents to be given an opportunity to come to court.
He therefore announced April 8 for further mention and to enable both the ONSA and EFCC, to file their response to the application in the case of Gambaryan.