A Federal High Court in Abuja on Friday, discharged the executive of Binance Holdings Limited, Tigran Gambaryan, and his fleeing colleague, Nadeem Anjarwalla, from the alleged tax evasion charge preferred against the company by the Federal Inland Revenue Service (FIRS).

Justice Emeka Nwite, in a ruling, discharged and struck out Gambaryan and Anjarwalla’s names from the four-count charge after FIRS’ counsel, Moses Ideho, filed a fresh amended charge wherein Binance is listed as the sole defendant.

The News Agency of Nigeria (NAN) reports that while Binance is the 1st defendant in the May 17 amended charge filed by FIRS, Gambaryan was listed as the 2nd defendant while Anjarwalla’s name appeared as being 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 the 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 a 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 nowhere 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.

Also speaking, Caleb argued that Section 418 of ACJA only talked about the power of a representative.

Justice Nwite then directed Ideho to move the latest application filed.

Moving his fresh amended charge, Ideho said the application was filed on June 13.

“We would like to amend and substitute the charge with the earlier one of May 17, 2024, which was our last amended charge, my lord,” he said.

The defendants’ lawyers did not oppose the application.

However, Caleb applied that the court should strike out the two earlier charges that listed his client, Gambaryan, as the 2nd defendant, dated March 22 and the amended charge dated May 17.

He said this was so because the name of his client was mentioned in the two charges.

The lawyer equally applied that Gambaryan should be discharged from the dock and from the proceedings in its entirety.

He further applied that the earlier order directing that the service of the charge on Binance be done through Gambaryan be vacated, having been in the court record that the company had appointed a representative.

Justice Nwite, in a ruling, granted the prosecution application for the substitution of the June 13 amended charge for the May 17 one.

The judge, who set aside the earlier order, directing Gambaryan to be served on behalf of the company., discharged him from the dock.

On the controversy of whether the Binance representative should be docked or not, the judge ordered the parties to file written addresses to state their arguments.

Justice Nwite adjourned the matter until July 12 for plea.

The News Agency of Nigeria (NAN) reports that in the latest amended charge marked: FHC/ABJ/CR/115/2024, while the Federal Republic of Nigeria is the complainant, Binance Holdings Limited is the sole defendant.

The charge is dated June 13 and filed June 14.

Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, failed to register with the FIRS, for the purpose of paying all relevant taxes administered by the service.

The offence is punishable under Section 8 of the Value Added Tax (VAT) Act of 1993 (as Amended).

(NAN)

A Federal High Court in Abuja, on Thursday, adjourned the arraignment of former Governor of Kogi State, Alhaji Yahaya Bello, until June 27.

Justice Emeka Nwite, SAN, fixed the date after counsel for the ex-governor, Adeola Adedipe, SAN, informed the court that the EFCC’s lead counsel, Kemi Pinhero, SAN, earlier informed the defence team that today’s proceeding would not be convenient.

When the matter was called, Adedipe, who was in court for another matter, expressed surprise that Oyedepo was actually in court after an agreement between the two parties that junior lawyers would be sent to pick a new date, at the instance of the EFCC lead counsel, Mr Pinhero.

He said it seemed there was a misalignment between the anti-graft’s lead counsel, Pinhero and Oyedepo.

He said Pinhero approached the defence lead lawyer, Abdulwahab Mohammed, SAN, in his office, through a junior lawyer who also appeared in court alongside Oyedepo, that today’s hearing would not be convenient for them to proceed.

He said: “And as senior counsel, it was best agreed by way of convenient for another date.

“It was agreed administratively that junior lawyers be sent to court today to formally take a date as agreed by parties for June 27.

“I personally also approached the registry to confirm this information and it was confirmed to me. That was why I told the court that my appearance today is for another matter.

“What the prosecution has done this morning is an ambush to bring the defendant once again to the realms of social media.”

He insisted that it was at Pehinro’s behest that the matter be adjourned until June 27 for arraignment.

He said but for the decision of the EFCC to seek an adjournment to a future date for his arraignment, the ex-governor was ready to appear in court today.

“Under 266 of ACJA, there are instances when defendants don’t need to come and this is one of them.

“We came here to pick a date. Of what use will the defendant coming here be? It is the prosecuting counsel that approached us, we did not approach them. We have nothing to hide,” Adedipe said.

Responding, Oyedepo disagreed with Adedipe.

He said he was not aware of any meeting that happened between their lead counsel and the defence.

However, a senior lawyer, Simon Lough, who came for another matter, stood up to intervene.

He said it was unnecessary for senior counsels to be attacking each other in court on a simple matter.

He said since Adedipe had explained why the defendant was not in court, a new date should be agreed on.

Lough said at the new date, the court could inquire from the prosecution lead counsel on what transpired.

He advised the lawyers to stop the argument in order not to waste the time of the court on other matters.

Justice Nwite thereafter adjourned the case to June 27 on agreement of counsel after an undertaking that the defendant would appear on the next adjourned day.

(NAN)

An Iyaganku Magistrates’ Court in Ibadan, on Monday ordered the remand of a 44-year-old man, Raimi Saka, in a correction centre for allegedly shooting and killing a she-goat.

Saka, whose address was not provided, is charged with possession of dangerous weapons.

The Magistrate, Mrs Kausarat Ayofe did not take the plea of Saka for want of jurisdiction.

She directed the police to return the case file to the Director of Public Prosecution (DPP) for legal advice.

She adjourned the case until Aug. 8 for mention.

The Prosecution Counsel, Insp Toyin Ibrahim, told the court that the defendant allegedly committed the offence on June 1, at about 9 p.m., at Ayegun, Oleyo area of Ibadan.

Ibrahim alleged that the defendant while armed with dangerous weapons killed one she-goat, property of one Mr Babatunde Azeez.

He said the offence contravened Section 1(2) of the Robbery and Firearms Laws of Nigeria, 2004.

(NAN)