Court fixes Monday for ruling as Binance executive Gambaryan challenges money laundering charge
On Thursday, the Abuja Division of the Federal High Court set April 8 for ruling on an objection raised by Tigran Gambaryan, an executive at Binance Holdings Limited, contesting the competency of the Economic and Financial Crimes Commission (EFCC)'s charge.
Mr. Gambaryan, represented by his lawyer Mark Mordi, opposed being arraigned before Justice Emeka Nwite, arguing that the EFCC could not arraign him since they had not served Binance, listed as the 1st defendant in the charge.
The EFCC had filed a money laundering charge against Binance, Mr. Gambaryan, and Nadeem Anjarwalla (now at large) as the first and third defendants, respectively. Mr. Anjarwalla was reported to have fled Nigeria after escaping from custody on March 22.
The anti-graft commission filed a five-count charge on March 28, alleging that the trio laundered $35,400,000.
When the defendants were called to enter their plea on Thursday, only Gambaryan was present in court. The EFCC’s lawyer, Ekele Iheanacho, informed the court that the matter was slated for arraignment, and the defendants had been served.
However, Mr. Mordi disagreed, stating that since it was a joint charge, Binance, as the first defendant, must be duly served before his client could plead.
In response, Mr. Iheanacho argued that since Mr. Gambaryan represents Binance in Nigeria, he can be served on behalf of the company. He cited Section 478 of the Administration of Criminal Justice Act (ACJA), 2015, which allows a non-guilty plea to be entered for a defendant who does not show up.
Mr. Mordi countered, emphasizing that under Section 477 of the ACJA, Binance must authorize Mr. Gambaryan to represent it for proper service. He also insisted on separate service for each defendant.
The EFCC counsel contended that Gambaryan's refusal to accept service amounted to valid service, as confirmed by the attached proof of evidence.
The judge adjourned the matter until April 8 for a ruling and ordered Mr. Gambaryan remanded in EFCC custody pending the arraignment.
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