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Binance: Tigran Gambaryan Challenges Detention in Nigeria, Dr Monday Ubani Weighs In

The detention of Tigran Gambaryan and the subsequent allegations of procedural irregularities and violations of his rights raise concerns about the integrity of Nigeria’s criminal justice system. If not addressed transparently and effectively, this case risks undermining public trust in the legal process and could deter foreign investment by casting doubt on the country’s commitment to fair treatment and due process.

Published

3 weeks ago

April 11, 2024

Stella Charles Akupue

Binance: Tigran Gambaryan Challenges Detention in Nigeria, Dr Monday Ubani Weighs In

In what has become a legal saga of significant proportions, Tigran Gambaryan, an executive at Binance, finds himself at the centre of a contentious battle against the Nigerian government. Gambaryan, currently detained by the Economic and Financial Crimes Commission (EFCC), has made bold claims against the Nigerian security apparatus, alleging violations of his fundamental human rights.

Gambaryan’s case began with an originating motion asserting that the EFCC and the Nigerian Security Agency’s (NSA) detention and confiscation of his international travel passport contravene the provisions of the 1999 Constitution, particularly Sections 35 [1] and [4].

His plea to the court is straightforward: immediate release from custody and the return of his travel documents. Additionally, he seeks an injunction preventing further detention concerning any Binance-related investigation.

Dr. Monday Ubani, former chairman of the Nigerian Bar Association section on Public Interest and Development Law. [NBA SPIDEL], a prominent legal figure in Nigeria, has weighed in on the matter.

He reiterates the sacrosanct nature of fundamental human rights in Nigeria’s legal system, emphasizing that every individual, irrespective of nationality, is entitled to assert these rights when they are breached. However, Dr Ubani highlights a critical distinction: enforcing human rights does not preclude ongoing investigations by security agencies.

The Gambaryan case has cast a harsh light on systemic issues plaguing Nigeria’s criminal justice apparatus. Dr. Ubani points to prolonged detention without formal charges and the urgent need for modernization as glaring deficiencies.

He advocates for adopting cutting-edge technology and comprehensive training for law enforcement personnel to rectify these shortcomings and ensure a fair and transparent investigative process.

Amidst the legal brawl, allegations of preferential treatment and procedural irregularities have emerged. Gambaryan’s escapee colleague, coupled with reports of escorted trips to mosques, raises serious questions about the integrity of the detention process. Such incidents underscore the imperative for strict adherence to legal protocols and avoiding any perception of bias or impropriety.

As the case unfolds, Nigeria stands at a crossroads, grappling with fundamental questions of justice and accountability. With Interpol’s involvement and the EFCC’s pursuit of charges against Gambaryan, the nation faces a critical moment in its commitment to the rule of law. Efforts to apprehend the fugitive accomplice and ensure due process for all parties involved will be paramount in upholding the principles of fairness and transparency.

An accused person’s escape can complicate legal proceedings and impact the plea bargaining process, underscoring the importance of comprehensive reforms to improve the efficiency and fairness of Nigeria’s criminal justice system.

Concerns about the length of time suspects are detained without formal charges, and the reliance on confessional statements in Nigerian criminal investigations are critical issues that require urgent attention and reform.

Prolonged detention without formal charges violates suspects’ rights and undermines the presumption of innocence, a fundamental principle of criminal justice. This unjust deprivation of liberty can lead to coercion or abuse during interrogation, eroding trust in the legal system and contributing to case backlogs and overcrowded prisons.

Furthermore, the reliance on confessional statements as primary evidence raises serious concerns about the reliability and fairness of the investigative process. Suspects may be coerced or intimidated into making false confessions, undermining the integrity of the criminal justice system and increasing the likelihood of wrongful convictions.

NIGERIAN BAR ASSOCIATION, UNITY BAR 2024 LAW WEEK.

Comprehensive reforms are needed to modernize and streamline the investigative process in Nigeria. This includes strengthening safeguards against arbitrary detention, ensuring access to legal representation and fair treatment during interrogation, and promoting the use of forensic evidence and advanced investigative techniques.

Investing in training and capacity-building for law enforcement agencies is crucial to ensuring compliance with international human rights standards and best practices in criminal investigations. Sensitizing law enforcement personnel to respect suspects’ rights and adopting a victim-centred approach to investigations is essential.

In conclusion, addressing systemic challenges within the criminal justice system is imperative to uphold the rule of law and ensure justice for all in Nigeria. The Gambaryan saga serves as a sobering reminder of Nigeria’s ongoing struggle to reconcile legal norms with operational realities.

As the nation navigates these complex legal battles, it must remain steadfast in its pursuit of justice while addressing systemic flaws in its criminal justice system. The outcome of this case will echo far beyond the confines of the courtroom, shaping perceptions of Nigeria’s commitment to upholding the rule of law and safeguarding fundamental human rights.

NBA President Yakubu Chonoko Maikyau wishing Eid greetings

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