In a decision, Justice Emeka Nwite removed the names of Gambaryan and Anjarwalla from the four-count complaint. This came about because FIRS’s attorney, Moses Ideho, presented a newly modified charge in which Binance is named as the only defendant.
The Federal Inland Revenue Service (FIRS) had filed a tax evasion complaint against Binance Holdings Limited.
On Friday, a Federal High Court in Abuja dismissed the charges against the executive, Tigran Gambaryan, and his fugitive colleague, Nadeem Anjarwalla.
In a decision, Justice Emeka Nwite removed the names of Gambaryan and Anjarwalla from the four-count complaint. This came about because FIRS’s attorney, Moses Ideho, presented a newly modified charge in which Binance is named as the only defendant.
According to the News Agency of Nigeria (NAN), in the updated accusation submitted by FIRS on May 17, Binance is the first defendant; however, Gambaryan is named as the second defendant, and Anjarwalla’s identity appears to be at large.
When the matter was called on Friday, Gambaryan stepped into the dock.
Tonye Krukrubo, SAN, who appeared for Binance (1st defendant), then informed the court that the cryptocurrency firm had just appointed a representative in Nigeria.
The new appointee, who was also in court, stood up and announced his name as Ayodele Omotilewa.
Ideho confirmed that his office received a notice of appointment of a representative by Binance.
He said the notice was dated June 13, 2024, appointing Ayodele Omotilewa as its agent in the country.
The FIRS lawyer told the court that against the development, an amended four-count charge listing Binance Holdings Limited as sole defendant was filed on June 13.
He therefore applied that Omotilewa should be docked to take a plea on behalf of the company.
But Krukrubo disagreed with Ideho’s application.
The senior lawyer, who 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.
“I think my learner friend should confirm whether he has served him or not first. We are not there yet,” he said.
He insisted that the prosecution had not served them with the amended charge.
Krukrubo said Omotilewa ought not to enter the dock.
According to him, he was only appointed for specific purposes; to receive processes.
“He is one of us; a legal practitioner,” he said.
He said the proper thing for the prosecution to do was to address the court on the charge he intended to substitute.
C.J. Caleb, who appeared for Gambaryan (2nd defendant), aligned himself with Krukrubo’s submission.
According to him, our jurisprudence for criminal trial of a corporation as it stands today does not contemplate that a corporation or its representative should be in the dock.
“More importantly, the ACJA (Administration of Criminal Justice) Act, particularly Part 47, did not leave us in doubt on how a trial should proceed in respect of a corporation,” he said
Caleb said the Act also specified all that is required for a representative in criminal trial, citing 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.
But Ideho disagreed, citing Section 481 of ACJA to back his argument.
“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,” he said.
Reacting, Krukrubo 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.
“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,” he said.