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BREAKING: One week after US Congress threat, Court frees, Binance boss

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Exactly one week after the US Congress, moved against Nigeria, Tigran Gambaryan, Head of Financial Crime Compliance of Binance, was let off the hook on Friday, as the Federal Government, dropped charges against him, with a Federal High Court in Abuja, discharging him on the four-count charge of financial crimes.

Sixteen members of the US Congress, had last week, written a letter of protest to President Joe Biden, demanding his intervention into the case of Gambaryan, who holds US citizenship, who they said was in danger of losing his life under terrible conditions in detention in Nigeria, while insisting on his immediate release.

The letter had alleged that Gambaryan, “has been wrongfully detained since late February after granting the Nigerian government’s request for discussions regarding the crypto giant’s business in the country. The government of Nigeria took Mr. Gambaryan hostage and thus needs his government’s help to be freed.”

Raising alarm over the state of his health, the group of lawmakers, which said: “Mr. Gambaryan’s health and well-being are in danger, and we fear for his life. Immediate action is essential to ensure his safety and preserve his life. We must act swiftly before it is too late,” had emphasised “on behalf of Mr. Gambaryan, his family, and concerned Americans, we, the undersigned, urgently request and strongly encourage the transfer of his case to the Office of the Special Presidential Envoy for Hostage Affairs.”

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Confirming that the government had dropped the charges against the Binance boss, on Friday, Dare Adekanmbi, spokesman to the FIRS, said: “Please note that the charges are being dropped against the second and the third defendants in the matter,” adding that the accused had been confirmed not to be a decision-maker at the cryptocurrency firm.

He said in a statement: “We are relieved that the Federal Inland Revenue Service (FIRS) has served and filed amended charges today, resulting in tax charges against Tigran Gambaryan being dropped. Further illustrating that Tigran is not a decision-maker at Binance and does not need to be held in order for Binance to resolve issues with the Nigerian government. We await the court’s ruling on this, discharging Tigran from this matter completely.”

Elsewhere in court, the Federal High Court sealed the freedom of the accused, whose ordeal began on February 28, with Justice Emeka Nwite, discharging him of all the charges, bothering on tax evasion charge preferred against the company by Federal Inland Revenue Service (FIRS).

Nwite, in a ruling, discharged and struck out the names of Gambaryan and Nadeem Anjarwalla, who had since fled Nigeria, after escaping from detention, in March, after Moses Ideho, lawyer to the FIRS, filed a fresh amended charge wherein Binance is listed as sole defendant.

Gambaryan, who was in court during Friday’s proceedings, had stepped into the dock, when Tonye Krukrubo, SAN, who appeared for Binance (1st defendant), then informed the court that the cryptocurrency firm had just appointed a representative in Nigeria in the name of Ayodele Omotilewa.

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Ideho, who confirmed that his office received a notice of appointment of a representative by Binance, also told the court that the notice was dated June 13, 2024, appointing Ayodele Omotilewa as its agent in the country, adding that against the development, an amended four-count charge listing Binance Holdings Limited as sole defendant was filed on June 13 and therefore Omotilewa should be docked to take a plea on behalf of the company.

But Krukrubo in vehement disagreement argued that the company’s representative was yet to be served with the fresh amended charge, said Omotilewa was only appearing in court for the first time, adding: “I think my learner friend should confirm whether he has served him or not first. We are not there yet. The prosecution has not served us with the amended charges. He ought not to enter the dock. He was appointed for specific purposes, to receive processes. He is one of us; a legal practitioner. The proper thing for the prosecution to do is to address the court on the charge he intended to substitute.

Also arguing in the same direction, C.J. Caleb, who appeared for Gambaryan, argued that law on criminal trial of a corporation did not contemplate that a corporation or its representative should be in the dock, while the Administration of Criminal Justice (ACJA) Act, particularly Part 47, was very clear on how a trial should proceed in respect of a corporation.

“The Act also specifies all that is required for a representative in criminal trial in Sections 478 , 481, 482 and 483. So I align with my learner colleague that the representative is enough to be in court but does have to be in the dock,” he said.

Ideho, however disagreed, citing Section 481 of ACJA to back his argument, while adding: “If my lord is to look carefully at the provisions of this section and subsection, a representative cannot just sit in the gallery and watch like a spectator how the trial is conducted. He should be in the dock because this is a criminal charge not civil matter.”

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But, Krukrubo while jumping into the matter, argued that there was no where in the section cited by Ideho where it was said that a company’s representative must be in the dock, adding: Section 481 is written in black and white and it does not say that a representative of a corporation must be in dock. What he is saying is not contemplated by ACJA.”

When Nwite directed Ideho to move the latest application, the FIRS, lawyer, said: “We will like to amend and substitute the charge with the earlier one of May 17, 2024, which was our last amended charge my lord,” which neither Krukrubo, nor Caleb, opposed.

Subsequently, Caleb applied that the court should strike out the two earlier charges that listed his client, Gambaryan, as 2nd defendant, dated March 22 and the amended charge dated May 17, adding that Gambaryan should be discharged from the dock and from the proceedings in its entirety.

Nwite, before adjourning the matter to July 12 for pleas, granted the Federal Government’s request for the substitution of the June 13 amended charge for the May 17 one, set aside the earlier order, directing Gambaryan to be served on behalf of the company, and thereafter discharged him from the dock, while ordering parties to file written addresses as to whether Binance representative should be docked or not.

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FG: We’re dealing with migration problems too *840,000 expired visa cases

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Olubunmi Tunji-Ojo, Minister of Interior, on Tuesday, revealed that more than 840,000 foreigners are currently overstaying their visas in Nigeria, describing the situation as a significant migration challengem describing the development as a global phenomenon.

A guest on Politics Today, a public affairs programme on Channels Television, the Minister, who said the figure was obtained through the country’s recently upgraded immigration tracking system, told his host: “Just as we have Nigerian overstayers in the UK, Nigeria is also facing the same challenge. As of this morning, through our upgraded system, we have about 848,290 visa overstayers in Nigeria. These are citizens of different countries residing in Nigeria.”

The Minister, while stressing that irregular migration remained a global issue requiring international cooperation, stated that visa overstays would help curb related crimes such as human trafficking and smuggling.

Stressing the importance of bilateral agreements, particularly in ensuring the “dignified return” of individuals who no longer had the legal right to remain in a country, he dismissed concerns that Nigeria could be pressured into accepting foreign prisoners.

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His words: “I have seen reports suggesting that prisoners would be brought into Nigeria. This government will not tolerate such. There is no way this administration will sign that kind of agreement.

“The recently signed Nigeria–UK migration agreement is based on reciprocity and applies strictly to Nigerian nationals. The Federal Government has been transparent about the deal. It does not include the transfer of foreign inmates. It excludes family members and that each case is treated based on specific legal conditions. Nigerians returned under the arrangement will be treated with dignity in line with their fundamental human rights. No Nigerian stands to lose from the agreement.”

Meanwhile, the minister revealed earlier in March that the Federal Government has strengthened its capacity to track and apprehend visa overstayers.

He said this is being achieved through data collected over the past decade and the operations of the Nigeria Immigration Service’s Integrated Operations Centre and Network Operations Centre.

The development follows a migration pact signed earlier in March between Nigeria and the United Kingdom during President Bola Tinubu’s visit.

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The agreement seeks to fast-track the return of Nigerian visa overstayers, failed asylum seekers, and convicted offenders in the UK, while enhancing cooperation on tackling visa fraud, cybercrime, and other transnational offences.

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ADC to gain first governor ahead of crucial decision by stakeholders

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African Democratic Congress (ADC), may have its ranks swollen by gaining its first governor if Bala Mohammed, Governor of Bauchi State, eventually joins the coalition, which is fast gaining momentum as the major challenger of President Bola Tinubu’s All Progressives Congress (APC).

Reports say the governor has indicated his intention to join the now main opposition party on Thursday, weeks after an alleged failed attempt to pitch his tent with the ruling APC over some irreconcilable differences.

The report, which said the former Minister of the Federal Capital Territory, hinted at the defection on Tuesday while hosting some ADC leaders, including Babachir Lawal, former Secretary to the Government of the Federation (SGF), at the government house in Bauchi, pointed to the parlous situation in the Peoples Democratic Party (PDP), where he had earlier held sway as a prominent leader.

Recall that Mohammed was and is still Chairman of the PDP Governors Forum, where only himself and Seyi Makinde, his Oyo State counterpart are now remaining after the tsunami that swept away many of their colleagues alongside many other heavy heavyweights in the party.

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With the PDP, ostensibly firmly in the vice grip of Nyesom Wike, former Governor of Rivers State, now Minister of the Federal Capital Territory (FCT), Mohammed and others, who have shown resentment towards the camp, have been left with little option other than quit.

The governor was quoted as saying: “We have found ourselves in a very serious situation. I have done everything possible to ensure reconciliation, but it has not worked.

“We set up committees at both the national and state levels to explore all options, including even the All Progressives Congress, but sadly, we discovered that we are not wanted there.”

Hinting further that ADC appeared to be the acceptable platform for him, Mohammed who stated that he had not concluded discussions, said David Mark, ADC National Chairman, had extended an invitation to him and his supporters to join the party after extensive consultations.

He added: “I’m here this morning with a delegation from the ADC headquarters, where my mentor, my boss, Senator David Mark, is leading, and he has sent an olive branch to reconnect me with the umbilical cord of the opposition, where I have always emerged from.

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“Certainly, as a leader in the PDP, we have found ourselves in a very serious ambivalence, where our party is headless. Of course, I have pursued all avenues for reconciliation, but it has not worked.

“Our people are putting me under extreme pressure, and we have set up two committees – one in Abuja at the national level, because of my position as a leader of the party, and one here to look at where to go.

“We left all our options open, including the APC itself, but certainly we have discovered that we cannot be where we are not wanted. We have to find a place within the opposition.

“That is where our fate and political destiny is taking us. And the ADC appears to be a very enduring and more acceptable platform among the people who are engaging with me so far.”

Stating that consultations were still ongoing, and that a final decision would be communicated by Thursday, he maintained that inclusivity remained key to whatever direction is taken.

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His words: “We are very conscious of the timeline. Everything will be concluded by Thursday so that we will be on the same page and not exclude ourselves from participation. And so, you will hear a firm commitment from us by Thursday, when we would have met in Abuja. That was why I said I have to carry everybody along.”

The governor, while stressing that due diligence was key before any political realignment is finalised, stated that engagements were ongoing with stakeholders across the PDP at both levels to ensure a smooth transition and avoid missteps.

“For now, I would say this is our preferred destination, but we have not concluded in a way that allows us to deepen stakeholder engagement and collaboration so that we do not make mistakes. That is where we are,” he said while expressing appreciation for the outreach by the ADC, describing it as timely given the PDP internal challenges.

Emphasising that political strength ultimately rested with the electorate and not party structures alone, he added: “We believe in winning elections, and elections are contested and won at the polling unit. We are not afraid of anyone.

“We have done all we can in terms of self-preservation, political accommodation, and participation, but it is not working. Therefore, we must now confront the challenges of this existential option being presented to us by the ADC.”

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London deal: Nothing to hide, Nigeria won’t be haven for UK criminals – FG

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“This government is not going to tolerate something like that. There is no way this government, under this president, will sign that sort of agreement; it’s never going to be done. What this agreement talks about are Nigerians who are overstayers or who are out of status in the United Kingdom.”

These were the exact words of Olubunmi Tunji-Ojo, Minister of Interior, with which he denied claims that the Federal Government, had by the recent migration agreement signed by Nigeria and the United Kingdom, would allow the transfer of foreign criminals to Nigeria.

The agreement, one of the three signed during President Bola Tinubu’s recent state visit to the UK is said to be aimed at strengthening bilateral cooperation on migration management, border security, and economic development.

Against the backdrop of resentments by a groundswell of highly critical Nigerians, who claimed it could enable the UK to transfer criminals seeking asylum in the country to Nigeria, the Minister, a guest on Politics Today, a public affairs programme on Channels Television, told his host that such was never the case, as the President would never accept such a deal under any circumstances.

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His words: “Article 7 of the agreement says, ‘the parties will work together to secure the dignified return of their nationals who do not or who no longer have the right to enter or remain in that country.’ I have seen some things in the media where some people are saying that they want to go and bring prisoners from all over the world and dump in Nigeria.”

Insisting that Nigerians had nothing to worry about regarding the agreements with the UK government, he noted that they were based on the international diplomatic model of reciprocity.

Hear him: “Why do I say there is nothing to be worried about? These agreements have opened a vista of opportunities for collaboration, and I say this very clearly: Nigeria, under this administration, is not interested in exporting problems to any part of the world. We want to solve our problems. We want to put our house in order.

“We believe that irregular migration today is not just a UK problem, it’s not just an American problem—it’s a problem all over the world, including in our own country. Partnership is needed to bring all hands together to solve this problem.”

The Minister, who maintained that the government had nothing to hide, while acknowledging that the full agreement was not published, stated that the details were contained in the media by the President, through Bayo Onanuga, his spokesman, who highlighted different sections.

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Speaking on the envisaged gains, the Minister, said for instance that Article 8 of the agreement addressed the rights of returnees, who would at all times be treated with respect and dignity, with due regard to their fundamental human rights.

Describing the deal as a “50-50” arrangement for the two countries, he added that the agreement was different from the controversial Rwanda asylum plan, emphasising that it excluded family members, while each case would be handled according to specific legal conditions.

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