What has happened so far?

August 26th 2024 marked six months since Tigran Gambaryan was detained by the Nigerian government. 

In detention his health has deteriorated so much that he is no longer able to walk from the pain of his untreated herniated disc/spinal injury. The prison is also refusing to provide him with a wheelchair. Tigran has also been told that as a result of being bedridden his muscles have atrophied and he has to take blood thinners to avoid blood clots. 

From July 26th to August 14th Tigran’s legal team were denied entry to visit him in prison - with no explanation - which is against the Nigerian constitution and the governing laws of the prison in which he is being held.

When the team was allowed to visit him (after it was made public that they had been denied entry), they were only allowed a 5 minute visit which is insufficient time to prepare for his trial, in contravention of the Nigerian constitution (Chapter 4 section 36, subsection 6b). Since then they have been denied entry again. 

The US Embassy also no longer has access to Tigran as the prison has been directed to not allow Tigran to use a wheelchair and he cannot physically walk to the visitor area.

Since being detained, Tigran has also suffered from Malaria and double pneumonia. He now has severe tonsillitis and he has been told he needs surgery to remove his tonsils.

Tigran was invited to Nigeria by the Nigerian government for a meeting and was given assurances that he would be safe. However, during the meeting his passport was taken and he was made to pack his items from the hotel and was taken to a “guest house”.

After he was detained by them, the Nigerian authorities told the American Embassy that Tigran was staying at the guest house willingly.

Tigran was held for almost one month in this “guest house” before two sets of charges were brought against him and Binance. According to the Nigerian EFCC prosecutor Tigran is being charged because, “The 1st defendant (Binance) is operating virtually. The only thing we have to hold on to is this defendant.” 

Charges related to tax evasion brought by the Nigerian Federal Inland Revenue Service were dropped against Tigran on June 14th. The FIRS agreed to revise their charges to serve them solely on Binance through a locally-appointed representative. 

The trial for the second set of charges brought by the Nigerian Economic and Financial Crimes Commission started on May 17th. Binance has offered to appoint a local representative for these charges as well. Cross-examination of the witnesses brought forward by the EFCC has begun, no evidence has been provided linking Tigran to any of the allegations. The court went on recess until October. An application to hear the case over the recess period was granted on August 15th and the next hearing date is now set for September 2nd. 

The Nigerian authorities have refused to release Tigran’s medical records to his legal team and the American embassy despite repeated court orders that they do so. The judge presiding over the case has therefore issued a bench warrant for the arrest of the Nigerian prison doctor. 

Tigran has missed countless milestones while in detention including his son’s 5th birthday and first day of school and his own 40th birthday which he spent locked up in a Nigerian prison cell. He is also about to miss his wife’s birthday on August 31st as well as their 15th wedding anniversary. 

A video that Tigran was able to record before his phone was taken away from him.

Timeline

27 November 2023 

  • Binance hosts law enforcement training for the EFCC in Abuja and Lagos.

5th January 2024

  • Binance team travels to meet with policy makers in Nigeria to discuss a path to licensing (SEC), tax (FIRS) and further support for law enforcement agencies (EFCC). 

25th Feb

  • Tigran Gambaryan and Nadeem Anjarwalla traveled to Abuja, Nigeria for a series of meetings at the invite of the Nigerian government.

26th Feb 

  • An initial meeting took place with members of various government agencies, including from the ONSA, Central Bank, Nigerian SEC and NFIU.

  • According to family conversations with Tigran and Nadeem, the tone of this meeting was neutral - neither friendly nor hostile - and it seemed that overall progress was being made during the two hours or so that the meeting lasted.

  • The Binance representatives were told that a further meeting would take place shortly after, this time involving other regulators. 

  • After waiting more than two hours, the Binance representatives were invited back into a meeting room albeit with different attendees than the ones announced. 

  • This meeting was more hostile.

  • Following the meeting, Tigran and Nadeem were escorted to their hotel, asked to pack their belongings and moved to the guest house/ secure compound, which we understand is controlled by ONSA.It was not explained to them why this was happening and No charges were brought. 

  • The US and UK Embassies were alerted of their detention.

27th Feb

  • The US Embassy confirmed they were aware that Tigran, a US citizen, was being detained by Nigerian authorities.

28th Feb 

  • A court order is issued in Nigeria authorizing the EFCC to detain Tigran and Nadeem for 14 days - ending on March 12th - pending investigation.

29th Feb 

  • News of Tigran’s and Nadeem’s detention with no charge broke in global media outlets.

4th March 

  • Tigran and Nadeem’s lawyers in Nigeria submitted a letter to the EFCC asking for their release.

12th March

  • 14 days of lawful detention come to an end – there was supposed to be a court hearing to understand if the detention without charge was going to be extended but the hearing was postponed.

13th March

  • The court in Abuja did not extend the order allowing their detention, however it gave Nigerian authorities 3 days to respond to Nadeem and Tigran’s lawyers arguments. The next hearing is set for March 20.

18th March

  • A fundamental rights petition is filed by the lawyers in Abuja. The reliefs sought by Tigran and Nadeem in their respective applications are for:

o   a declaration that their detention and the seizure of their passports violate their right to personal liberty,

o   their release from detention, and

o   a perpetual injunction from further detention on account of the demands made to Binance.

 20th March

  • At the court hearing in Abuja, the court ruled that after hearing arguments from both parties, they would resume the session on April 5th which is 10 working days from the 20th. This ruling came after the original court order to hold Nadeem and Tigran expired on March 12th and a request for a new order was filed by the Nigerian Economic and Financial Crimes Commission. The Judge did not grant an extension to this order. 

22nd March

  • Late on Friday evening it was indicated to Tigran and Nadeem’s lawyers that charges would be brought against them and Binance. It was not clear what these charges would be and it was believed they might be arraigned the following Monday.

23rd March

  • Nadeem left unlawful custody on Saturday 23rd, Tigran had his phone taken away.

25th March

  • The Premium Times Nigeria reports the charges brought against them and Binance by the FIRS (tax authority) are:

o   accusing them of offering services to subscribers on their platform while failing to register with the Federal Inland Revenue Service to pay all relevant taxes administered by the Service and in so doing, committed an offence, contrary to and punishable under Section 8 of the Value Added Tax Act of 1993 (as Amended).

o   The defendants were also accused of offering taxable services to subscribers on their trading platform while failing to issue invoices to those subscribers to determine and pay their value-added taxes and, in so doing, committed an offence contrary to and punishable under S.29 of the Value Added Tax Act of 1993 (as amended).

o   Count Three of the charges accused the three defendants of offering services to subscribers on their Binance trading platform for the buying and selling of cryptocurrencies and the remittance and transfer of those assets while failing to deduct the necessary Value Added Taxes arising from their operations and thereby committing an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service Establishment Act 2007 (as amended).

o   The last count of the charges wants the defendants punished for allegedly aiding and abetting subscribers on their Binance trading platform to unlawfully refuse to pay taxes or neglect to pay those taxes and, in so doing, committing an offence contrary to and punishable under the provisions of S.94 of the Companies Income Tax Act (as amended).

  • Tigran was still in detention in the guest house but with no access to lawyers/the embassy/his phone.

 28th March

  • Tigran was taken to a “detention facility” in the EFCC offices. An arraignment hearing for the charges which have been brought against him is set for April 4th. He has been visited once by his lawyers and no visit by the US Embassy yet.

  • More charges are brought by the EFCC, separate to the FIRS charges against Binance as well as Tigran and Nadeem, these include a money laundering charge and not having the correct licenses to operate in Nigeria.

30th March

 4th April

  • Tigran is taken to court for arraignment however as the charges had by the FIRS (tax authority) had not been correctly served on him, the hearing for this arraignment was moved to April 19th.  The hearing for the charges related to the EFCC will be heard on April 8th.

  • Tigran’s lawyer’s argue that since Tigran is not an officer of Binance, he cannot be held liable for the companies’ actions, he also cannot receive service for the charges against Binance.

5th April

  • Tigran’s son’s 5th birthday.

8th April

  • Tigran pleads not guilty to charges presented by the EFCC. He is taken to Kuje Detention Facility which houses Boko Haram terrorists and political prisoners.

19th April

  • Tax evasion trial adjourned to May 17 as Binance has not been formally served with the charges.

23rd April

  • The ruling on Tigran’s application for bail is adjourned to May 17th.

2nd May

  • The Trial was set to start but was also adjourned to May 17th.

17th May

  • Three cases were heard at the court in Abuja. In the first instance, the court ruled that Binance can be served with the FIRS tax evasion charge through Tigran despite Tigran not being an officer of the company. The Prosecutor thereafter informed the court that he filed an amended charge and applied to the court to proceed with the arraignment of both Binance and Tigran. Tigran’s lawyers objected to the application on the grounds that they need to review the amended charge in order to advise Tigran on taking his plea. The Court agreed and adjourned the matter to Tuesday, 22 May 2024 for arraignment. In the second case, the Court refused Tigran's bail application on the grounds that they believe there is a likelihood that Tigran will manage to jump bail despite not having a passport and many assurances that were given to the court that he would not. The Court stated that it would rather accelerate the trial. Then the EFCC case was opened by the Prosecutor who called on Abdulkadir Abbas from the Nigerian SEC as the first prosecution witness. After the prosecution finished their examination of the first witness, Tigran’s lawyers requested a ‘stand down’ to obtain certified records of certain documents in the proof of evidence to be used in their cross examination of the witness. The court has adjourned to Thursday, 23 May at noon.

22nd May

  • Tigran was supposed to be brought to court for the arraignment of the FIRS charges but the Nigerian authorities did not bring him so the arraignment was postponed.

23rd May

  • Tigran was brought to court but he was visibly unwell. He collapsed in court and was taken away for medical attention. The judge ordered that he should be taken to hospital. It is not known what he has.

27th May

  • Despite a court order from the judge, Tigran has not yet been taken to hospital, his conditions are unknown.

3rd June

  • 11 days after the court ordered it, Tigran was finally taken for a hospital visit. However, after 3 hours he was then returned to Kuje prison. While in hospital he had some tests, we have yet to see the results of these.

4th June

6th June

11th June

  • The prison will not allow the hospital to release Tigran’s to medical records to Yuki, his lawyers or the US Embassy. It is not clear why.

14th June

  • The charges brought by the Federal Inland Revenue Service (FIRS) of Nigeria against Tigran (and Nadeem) were dropped. The FIRS agreed to revise their charges to serve solely on Binance, through its local representative. The court adjourned the hearing to July 12th and Tigran will no longer need to appear in court for the FIRS case. This means that Binance is the sole defendant in this case. This goes to show that both Tigran and Nadeem are not decision makers at Binance, and should never have been detained and charged.

  • Yuki said, “I am glad the FIRS charges against Tigran have finally been dropped. This clearly shows that any issues between the Nigerian authorities and Binance can be resolved without holding my husband in prison. I sincerely hope the Nigerian authorities will now see how unnecessary it is to keep Tigran at Kuje. I am praying that they now swiftly drop the EFCC charges against him so that this nightmare can finally come to an end.

    My biggest concern at the moment is Tigran's deteriorating health and the awful conditions he is being kept in. While at Kuje, he has had a serious infection, malaria, and now pneumonia and to make matters worse, we have no access to his medical records. Despite the fact that he is clearly an innocent man, he is being treated as a dangerous criminal and his basic human rights are being neglected. We really need the US government to intervene more forcefully for the immediate release of an innocent American citizen. 

    This has gone on too long and Tigran's life is at risk. My children and I just want him back so our family can be whole again."

19th June

  • An amended fundamental rights petition was filed with the court in Abuja on Tigran’s behalf, the next hearing for this will be on July 9th.

  • Two US Members of Congress, Representative French Hill (Republican) and Representative Chrissy Houlahan (Democrat) visited Tigran at the Kuje Detention facility. They posted a video on social media calling for his release: https://x.com/repfrenchhill/status/1803898800966091087?s=46

20/21 June

  • The EFCC trial continued with cross-examination of the witness presented by the Nigerian SEC. The session will continue on 1st, 2nd and 5th July.

  • Tigran is still unwell and has requested to see an ENT specialist.

1st July

  • The court was also made aware yesterday that, despite several court orders, the prison which is holding Tigran (Kuje Detention Facility) has yet to release his medical records from his only visit to hospital on June 3rd. Justice Emeka Nwite therefore ordered, yet again, that the records should be provided to Tigran’s lawyers by July 5th. Tigran’s health continues to deteriorate in detention and he complained of numbness in his foot as well as back pain. He has had double pneumonia and malaria whilst in prison.

2nd July

  • Tigran’s lawyer began and ended his cross-examination of the witness today, his attorney demonstrated that he is not a decision maker at Binance. The trial will continue on July 5th.

16th July

  • Tigran was struggling to walk from the back pain he is suffering from owing to a herniated disc for which he has not received appropriate treatment. He had to be wheeled into court in a wheelchair. After the hearing, the judge announced that court would be on recess for the rest of the summer and the next court hearing has been set for October 11th.

26th July

  • Tigran’s lawyers were denied access to see him at Kuje prison, they have been requesting to see him every day ever since.

12th August

  • Yuki released the following statement: ““My husband Tigran left our home for a work trip almost six months ago, and I have no idea when he will be back. Now his health is in a shockingly bad condition and getting worse by the day.

    The herniated disc in his back has worsened to the point where it might leave permanent damage and affect his ability to walk. My once fit and healthy husband, who loves working out, is now wheelchair-bound due to a treatable condition that has not been properly addressed. He needs highly specialized and risky surgery, it is terrifying. Additionally, an ENT doctor examined him last week and determined he also needs surgery to remove his tonsils due to the recurring infections he is suffering in detention.

    I recently found our five year old son crying on the floor of our living room. “I miss my daddy” was all he said. He cannot understand why his father has been gone for so long. I had no idea how to comfort him. It was simply devastating. Our ten-year-old daughter is trying her best to be strong in this traumatic situation we find ourselves in. Her resilience makes me proud and sad at the same time because this is not anything a child should endure. Life is becoming harder and harder every day for all of us because of Tigran’s absence.

    I am begging the Nigerian government to please release him so that he can come home and receive the medical treatment he urgently needs before it is too late.”

14th August

  • Tigran’s legal team were allowed to visit him for 5 minutes. He was in serious pain and could hardly walk, he had to drag himself from his cell to the visitors area as the prison has been directed not to give him a wheelchair.

15th August

  • The legal team were denied entry to the prison again.

  • The request to have Tigran’s case heard over the recess period was granted and the next hearing is set for September 2nd.

21st August

  • The US Embassy went to visit Tigran but were unable to see him because he now cannot walk at all and the prison is still refusing to allow him to use a wheelchair.

26th August

  • TIGRAN HAS BEEN DETAINED BY THE NIGERIAN GOVERNMENT FOR 6 MONTHS

2nd September

  • Hearings resumed in Tigran Gambaryan’s trial

  • Tigran was denied use of a wheelchair to enter the court and so had to try to make his way in on crutches. He was in visible pain and very distressed, by the time he entered the court room he was in tears. Tigran’s lawyers filed a new bail application for him on medical grounds as well as the fact that they have been blocked from entering to see him and preparing for the trial. The application was opposed by the EFCC prosecutor because they claim that he is not in ill health despite finally handing over part of his medical records which recommends surgery as soon as possible. Key elements of the record including an MRI scan were missing. Contradictingly, the EFCC prosecution is also claiming that Tigran is refusing treatment. The judge will continue to hear the application for bail and will continue the trial on September 4th.

    Tigran made a plea to the judge saying that he is not receiving proper medical care at the prison and that he is being denied basic rights including access to his legal counsel and embassy representatives. The judge ordered that he be allowed to use a wheelchair.

    Yuki Gambaryan released the following statement "This situation is entirely unjust. My husband was unlawfully detained by the Nigerian government after being invited under false pretenses for a meeting in their country. During this prolonged imprisonment, his health continues to deteriorate, and now, he is in so much pain that he can barely walk. The U.S. Government must do more to help Tigran. I urge them to use every available tool to free an innocent American who is at risk of permanent damage.

    I am also deeply concerned about recent statements from Nigerian authorities denying Tigran's health issues. The truth is that the prison has withheld his medical records for months, and  even the partial records they finally released today say that Tigran needs surgery. They cannot keep playing games with my husband's life like this. This entire situation is inhumane and degrading, and I am fed up. There must be consequences for this disregard of law and human rights."

4th September

  • The hearing for Tigran’s bail application continued - the judge will rule on the application on October 9th. The judge ordered in the meantime that Tigran be granted access to medical treatment including from outside the prison.