On Friday, the Federal High Court in Abuja exonerated Binance Holdings Limited executives, Tigran Gambaryan and Nadeem Anjarwalla, from tax evasion charges filed by the Federal Inland Revenue Service (FIRS).
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Justice Emeka Nwite discharged the two executives and removed their names from the four-count charge after FIRS counsel Moses Ideho submitted an amended charge listing Binance as the sole defendant.
Previously, in the amended charge filed on May 17, Binance was the first defendant, Gambaryan was the second defendant, and Anjarwalla was listed as at large.
During Friday’s hearing, Gambaryan appeared in court, while Binance’s newly appointed Nigerian representative, Ayodele Omotilewa, announced his presence.
Ideho confirmed receiving notice of Omotilewa’s appointment dated June 13, 2024, and subsequently filed a new four-count charge against Binance alone.
Ideho sought to have Omotilewa take a plea on behalf of Binance.
However, Binance’s counsel, Tonye Krukrubo, SAN, objected, arguing that Omotilewa had not been served with the amended charge and was in court for the first time.
Krukrubo contended that Omotilewa’s role was to receive legal documents, not to enter the dock, citing that he is a legal practitioner and was appointed for specific purposes.
C.J. Caleb, representing Gambaryan, supported Krukrubo’s argument, emphasizing that current legal provisions do not require a corporation’s representative to be in the dock during criminal trials.
He referenced sections of the Administration of Criminal Justice Act (ACJA) that outline the process for prosecuting corporations, which do not mandate that representatives must enter the dock.
In response, Ideho insisted that Omotilewa should be in the dock, citing Section 481 of ACJA.
However, Krukrubo and Caleb countered that the cited section did not specify this requirement.
Following the arguments, Justice Nwite directed Ideho to move forward with the amended charge filed on June 13, which the defendants’ lawyers did not oppose.
Justice Nwite granted the substitution of the amended charge and discharged Gambaryan from the proceedings.
The judge also vacated the previous order that had required Gambaryan to be served on behalf of Binance.
The court instructed the parties to submit written arguments regarding whether the company’s representative must be in the dock.
The case was adjourned until July 12 for the plea.
The amended charge, filed on June 14, 2024, with the Federal Republic of Nigeria as the complainant and Binance Holdings Limited as the sole defendant, alleges that Binance failed to register with the FIRS for tax purposes while offering services on its platform.
This violation is punishable under the Value Added Tax (VAT) Act of 1993 (as Amended).
