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.”
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.
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.”
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.