The fleeing Binance executive had alleged in his suit that the Nigerian authority's detention and seizure of his passport amounted to a violation of his fundamental right to personal liberty.
The Federal High Court, Abuja, dismissed on Wednesday a fundamental rights enforcement suit filed by fleeing Binance Holdings Ltd's executive, Nadeem Anjarwalla, against the National Security Adviser (NSA) and the Economic and Financial Crimes Commission (EFCC).
Trial judge Inyang Ekwo, in a ruling, dismissed the suit for lack of diligent prosecution.
When the case was called on Wednesday, no lawyer appeared for Mr Anjarwalla and neither was the applicant in court.
In a short ruling, Mr Ekwo noted that a Senior Advocate of Nigeria (SAN), Tonye Krukrubo, sought a leave to withdraw as Mr Anjarwalla's lawyer on 28 March. The judge said the court granted the application.
The judge recalled adjourning the matter until today (Wednesday) for mention, but no lawyer appeared for the applicant.
The News Agency of Nigeria (NAN) reports that Mr Anjarwalla, Binance's Africa regional manager, had filed a separate rights enforcement suit alongside his colleague, Tigran Gambaryan, against NSA and EFCC seeking an order releasing them from detention.
Mr Anjarwalla escaped from lawful custody on 22 March and fled to Kenya. However, Mr Gambaryan is in court-ordered custody to face ongoing trial on money laundering charges.
Messrs Anjarwalla and Gambaryan filed their suits before Mr Ekwo.
In the suits marked FHC/ABJ/CS/355/24 and FHC/ABJ/CS/356/24 respectively, the duo sued the NSA office and the EFCC as 1st and 2nd respondents.
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They had sought the same prayers.
Messrs Anjarwalla and Gambaryan, a US citizen overseeing financial crime compliance at the crypto exchange platform, in their separate applications, sought a declaration that their detention and seizure of their passports contravened Section 35 (1) and (4) of the Nigerian constitution.
They said the acts they complained about violated their fundamental right to personal liberty as guaranteed by the constitution, among others.
Other Binance executive's suit fixed for hearing
Meanwhile, Mr Ekwo fixed 9 July to hear Mr Gambaryan's suit.
The judge fixed the date after Mr Krukrubo, who now appears for Mr Gambaryan, moved a motion seeking to amend their originating process.
Although EFCC's lawyer, Olarewanju Adeola, opposed the motion, the judge held that parties, by law, were entitled to amend their processes before judgment.
"I am minded to grant this amendment," he said.
However, Mr Gambaryan was fined a N50,000 cost in favour of the EFCC.
Mr Ekwo ordered the applicant to pay the fine before the next hearing date on 9 July. The court is scheduled to hear the preliminary objection to the suit and the substantive matter on that day.
(NAN)
