The Federal High Court has dismissed a lawsuit by Tigran Gambaryan, a former Binance executive, who sought compensation for his prolonged detention in the country.

Justice Umar Mohammed held that the court could not use the claim of unlawful detention to intervene in the state’s prosecutorial powers concerning its investigation into Binance for alleged financial crimes.

Gambaryan’s lawsuit sought financial compensation from the NSA and EFCC for his extended detention, which was related to the government’s allegations of money laundering and foreign exchange violations against Binance.

It was earlier reported that Gambaryan’s lawyers had informed the court of their amended motion to enforce his fundamental rights.

As part of that suit, his counsel had asked the judge to force the NSA and EFCC to apologize for detaining him.

He claimed in his suit that the government was using his detention as “leverage” against Binance.

His lawyer stated that Gambaryan, an American citizen, had traveled to Nigeria with a colleague on February 26, 2024, solely to attend a meeting with officials from the NSA and EFCC, to which they had been formally invited as representatives of the company.

He stated that after Gambaryan attended the meeting, authorities detained him, despite his not being a board member of the company.

His lawyers urged the court to hold that,

“The unlawful detention of the applicant (Gambaryan) by the respondents from February 26, 2024, to February 27, 2024 (period of detention before the remand order) and from March 12, 2024, to April 8, 2024 (period of detention after the remand order expired until arraignment) has caused immense hardship and emotional stress to the applicant, his wife, children, and other members of his family.”

The respondents, however, filed a counter-argument on June 21, 2024. In a subsequent motion dated July 2, 2024, the EFCC’s counsel, Olanrewaju Adeola, referenced a separate criminal case (Suit No. FHC/ABJ/CR/138/2024) that was filed against Binance Holdings Ltd and another defendant on March 28, 2024.

In his ruling, Justice Umar noted that criminal charges against Binance and others were filed in 2024 and remain pending.

He observed that court records showed Gambaryan had been arraigned before Justice Emeka Nwite and was subsequently remanded in a correctional center.

The judge also highlighted that a prior bail application had been denied on the grounds that Gambaryan was considered a flight risk.

Justice Umar ruled that the affidavits from the EFCC and NSA successfully demonstrated that the NSA had received intelligence reports alleging foreign exchange violations and money laundering by Binance and its officials.

He affirmed that “fundamental rights are not absolute” and can be restricted when circumstances warrant.

The court agreed that the NSA acted within its mandate under the law.

“No court has the power to stop the investigative powers of the police or EFCC,” Justice Umar ruled.