• Sack NSA, Immigration boss, says HURIWA
• NSA activates re-arrest, contacts Interpol
The sudden escape of Binance executive, Nadeem Anjarwalla, from custody of the National Security Adviser has been eliciting reactions, especially criticism of Nigeria’s security architecture.
Binance is a popular cryptocurrency exchange platform that allows users to buy, sell, and trade digital assets.
The Office of the National Security Adviser (ONSA) had kept sealed lips over the escape for several hours before coming up with a reaction, which some observers have described as ‘shame of a nation’.
Anjarwalla, 38, reportedly escaped on Friday, March 22, 2024, from an Abuja guesthouse where he and a colleague were detained after guards on duty led him to a nearby mosque for prayers in the spirit of the ongoing Ramadan fast.
The Briton, who also has Kenyan citizenship, is believed to have flown out of Abuja using a Middle East airliner.
It remains unclear how Anjarwalla got on an international flight, despite his British passport, with which he entered Nigeria, remaining in the custody of Nigerian authorities.
However, ONSA spokesman, Zakari Mijinyawa, revealed that the suspect fled, using a smuggled passport.
Nigeria Immigration Service (NIS), the government agency responsible for embarkation and disembarkation of passengers at the airport gateways, could share the blame for the escape, a source familiar with the matter said.
NIS spokesman, Kenneth Udo, did not immediately respond to a request for comment.
A former military officer and Managing Director of King David Security, David Akhimien, said the escape reflects the mood of the nation and the character of institutions that are meant to enforce law and order.
He said: “This incident smacks of a lack of thoroughness in detainee handling, which may be as a result of compromise, inducement, insufficient training or a dearth of patriotism.
“Whatever happened, a thorough investigation should be instituted even while the search for the escapee is on. We must endeavour to rejig our security agencies at all levels, to restore the past glory of efficiency and effectiveness in their operations.”
Reacting also, the national coordinator, Human Rights Writers Association of Nigeria (HURIWA), Emmanuel Onwubiko, said the incident was one of the clearest signs that there are persons in positions of authority in the security architecture who are ready to compromise national security at the altar of pecuniary benefits.
He said: “We call on the President to fire the National Security Adviser and the Comptroller General of Nigerian Immigration for allowing, either willfully or by dereliction, this high-profile breach of Nigeria’s national security.
“What has happened can be equated with actively aiding and abetting the sabotage of Nigeria’s economy. And for the NIS and the ONSA not to be able to provide concrete evidence that there was no compromise that allowed this fugitive to escape from lawful custody, then there must be very serious consequences.”
The group said: “HURIWA is of the perception that failing to provide adequate security and surveillance around this escaped fugitive is a matter of urgent national security importance.
And the Nigerian state should look at these lapses from the point of view of possible compromise with corruption, which has totally tarnished the image of Nigeria and painted a graphic picture of a country where national security can, very seamlessly, be compromised, even by foreigners.”
HURIWA, therefore, “called on the government to make sure that this serious breach of national security is not allowed to slide or be consigned to the dustbin of impunity”.
Another expert, Christopher Oji, described NSA’s statement on the escape as laughable.
He said: “It is quite unfortunate that anything goes in Nigeria. How could a man being investigated, and in the custody of the government’s security agency escape from custody? It is laughable because nobody will be held accountable. If we must take this government seriously, someone and his or her accomplices should be held accountable, to serve as a deterrent to other criminals in government agencies that are causing embarrassment to the country through bribery.
Oji said the corruption in government agencies, especially security agencies, should be stopped. According to him, “all these would be checked if people are held accountable for their actions and inactions. How will the international community take us seriously? You can’t see this type of arranged escape, even in Ghana, because the people know that someone will be held responsible.
“For once, let the Federal Government take action and deal decisively with those indicted for this kind of internal embarrassment and opprobrium. Who will respect Nigeria with this kind of idiotic behaviour of letting a man in the custody of a security agency escape? The NSA should do the needful by bringing the suspect back and punishing those who allowed him to escape.”
While confirming the escape, Mijinyawa had said: “Upon receiving this report, this office took immediate steps, in conjunction with relevant security agencies, ministries, departments and agencies, as well as the international community, to apprehend the suspect. Security agencies are working with Interpol for an international arrest warrant on the suspect.
“Preliminary investigation shows that Mr Anjarwalla fled Nigeria using a smuggled passport. The personnel responsible for the custody of the suspect have been arrested, and a thorough investigation is ongoing to unravel the circumstances that led to his escape from lawful detention.
“Recall that the Federal Government of Nigeria, like other governments around the world, has been investigating money laundering and terrorism financing transactions perpetrated on the Binance currency exchange platform.
“Until his escape, Nadeem Anjarwalla, who holds British and Kenyan nationalities, and serving as Binance’s Africa regional manager, was being tried by Nigerian courts. The suspect escaped while under a 14-day remand order by a court in Nigeria. He was scheduled to appear before the court again on April 4, 2024.
“We urge the Nigerian public and the international community to provide whatever information they have that can assist law enforcement agencies to apprehend the suspect.”
Four weeks ago, two senior executives at Binance had flown into Nigeria, following the country’s decision to ban several cryptocurrency trading websites. But they were detained by the ONSA, and their passports seized.
MEANWHILE, the Federal Government has initiated criminal proceedings against Binance.
The charges, filed at the Federal High Court in Abuja, were announced, yesterday, by the Federal Inland Revenue Service (FIRS).
The lawsuit, marked FHC/ABJ/CR/115/2024, implicates Binance with a four-count tax evasion accusation.
This was disclosed in statement by Dare Adekanmbi Special Adviser, Media to the Executive Chairman, FIRS,
Joined with the crypto company as second and third defendants are: Tigran Gambaryan and Nadeem Anjarwalla, both senior executives of Binance currently under the custody of the Economic and Financial Crimes Commission (EFCC).
The charges levied against Binance include non-payment of Value-Added Tax (VAT), Company Income Tax, failure to file tax returns, and complicity in aiding customers to evade taxes through its platform.
In the suit, the Federal Government also accused Binance of failure to register with FIRS for tax purposes and contravening existing tax regulations within the country.
One of the counts pertains to Binance’s alleged failure to collect and remit various categories of taxes to the federation as stipulated by Section 40 of the FIRS Establishment Act 2007 as amended.
Section 40 of the Act explicitly addresses the non-deduction and non-remittance of taxes, prescribing penalties and potential imprisonment for defaulting entities.
He said: “Any company that transacts business in excess of N25 million yearly is deemed by the Finance Act to be present in Nigeria. According to this rule, Binance falls into that category. So, it has to pay taxes like Company Income Tax (CIT) and also collect and pay Value Added Tax (VAT). But Binance did not do this properly. So, the company broke Nigerian laws and could be investigated and taken to court for this infraction.”
According to the statement, the Federal Government remains resolute in its commitment to ensuring compliance with tax regulations and combating financial impropriety within the cryptocurrency sector.
FIRS, by the law setting it up and various others, is empowered to assess, collect and account for revenue accruing to the federation and administer relevant tax laws.
According to the statement, Binance pleaded guilty to flouting anti-money laundering laws in the United States in late 2023, settling for a plea bargain that cost the company $4.3billion.
