A Federal High Court in Abuja has thrown out a fundamental rights enforcement suit filed by Nadeem Anjarwalla, a former executive of Binance Holdings Ltd, against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
Justice Inyang Ekwo ruled on June 19, 2024, that the suit was dismissed due to a lack of diligent prosecution.
When the case was presented, neither Anjarwalla nor his legal representative was present in court.
Justice Ekwo noted that during a previous hearing on March 28, Tonye Krukrubo, SAN, who had been representing Anjarwalla, requested to withdraw from the case, and the request was granted.
The case was scheduled for mention, but no lawyer appeared on behalf of Anjarwalla.
Anjarwalla, who was Binance’s regional manager for Africa, had previously filed a separate rights enforcement suit with his colleague, Tigran Gambaryan, against the NSA and EFCC, seeking their release from detention.
Anjarwalla escaped from custody on March 22 and fled to Kenya.
Both Anjarwalla and Gambaryan’s cases were brought before Justice Ekwo. Their suits, labeled FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24, respectively, named the Office of the NSA (ONSA) and the EFCC as respondents.
They sought a declaration that their detention and the seizure of their international passports violated Section 35 (1) and (4) of the 1999 Constitution, infringing on their right to personal liberty.
Justice Ekwo has scheduled July 9 for the hearing of Gambaryan’s suit.
The judge set the date after Gambaryan’s lawyer, Krukrubo, filed a motion to amend their originating process. Although the EFCC’s lawyer, Olarewanju Adeola, opposed the motion, Justice Ekwo allowed it, emphasizing that parties are entitled to amend their processes before judgment.
Gambaryan was fined N50,000 in favor of the EFCC, which must be paid before the next hearing on July 9, when the preliminary objection and the substantive matter will be addressed.