A Nigerian Federal High Court sitting in Abuja has dismissed a fundamental rights enforcement suit filed by fleeing Binance Holdings Ltd’s executive, Nadeem Anjarwalla, against the National Security Adviser and Economic and Financial Crimes Commission (EFCC).
In a ruling on Wednesday, June 19, 2024, Justice Inyang Ekwo dismissed the suit due to lack of diligent prosecution when neither Anjarwalla’s lawyer nor the applicant appeared in court.
The judge noted that Tonye Krukrubo, SAN, who had previously represented Anjarwalla, had sought and was granted leave to withdraw from the case on March 28.
Despite the adjournment for mention to the current date, no legal representation for the applicant was present.
Anjarwalla, identified as Binance’s Africa regional manager, had filed a suit alongside Tigran Gambaryan against the Office of the National Security Adviser (ONSA) and the Economic and Financial Crimes Commission (EFCC).
Their suits (FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24) sought relief from detention and the release of their passports, alleging violations of their constitutional rights to liberty under Section 35 of the 1999 Constitution.
Anjarwalla’s absence from lawful custody since March 22 and his subsequent flight to Kenya complicated the legal proceedings.
While Gambaryan’s suit (FHC/ABJ/CS/356/24) is scheduled for a hearing on July 9, the judge permitted amendments to their originating process despite opposition from EFCC’s legal representative, Olarewanju Adeola. Justice Ekwo imposed a fine of ₦50,000 against Gambaryan in favor of EFCC for joining issues, stipulating payment before the next hearing date.
The judge emphasized the entitlement of parties to amend processes before judgment and underscored the importance of legal diligence in the courtroom proceedings.
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