There was a mild drama in the courtroom of the Abuja Division of the Federal High Court between the legal teams of the Federal Inland Revenue Service (FIRS) and Binance Holdings Limited after the former asked the cryptocurrency firm’s representative in Nigeria to take a plea on the company’s behalf.

The drama followed the discharge of Tigran Gambaryan, an executive of Binance Holdings Limited, and his colleague, Nadeem Anjarwalla, from a tax evasion charge filed by the FIRS.

Justice Emeka Nwite ruled to remove Messrs Gambaryan and Anjarwalla’s names from the four-count charge after FIRS counsel Moses Ideho filed a new amended charge listing Binance as the sole defendant.

In the amended charge dated May 17, Binance is the first defendant, with Mr Gambaryan as the second defendant and Mr Anjarwalla listed as at large. Mr Gambaryan appeared in court on Friday.

Counsel for Binance, Tonye Krukrubo, informed the court that the cryptocurrency firm, on June 13, appointed Ayodele Omotilewa as its representative in Nigeria, a notice confirmed by Mr Ideho.

Mr Ideho indicated that the FIRS had filed an amended four-count charge on June 13, with Binance as the sole defendant, and requested that Mr Omotilewa take a plea on behalf of the company.

However, Mr Krukrubo disagreed with Mr  Ideho’s application, stating that Mr Omotilewa had not been served with the new charge and should not enter the dock.

C.J Caleb, representing Mr Gambaryan, supported Mr Krukrubo, arguing that under current legal standards, a corporation’s representative need not be in the dock during a trial.

Mr Ideho cited section 481 of the ACJA to argue that a representative must be in the dock during a criminal trial. Mr Krukrubo countered that the section does not stipulate this requirement.

The judge, Mr Nwite, directed Mr Ideho to proceed with his application. The fresh amended charge was filed on June 13. The defence did not oppose this application.

Mr Caleb requested that the court strike out the earlier charges mentioning his client and discharge Mr Gambaryan from the proceedings.

Mr Nwite granted the substitution of the June 13 charge for the May 17 one and discharged Mr Gambaryan from the dock.

Regarding the dispute over the representative’s presence in the dock, the judge ordered written submissions from both parties and adjourned the matter to July 12 for a plea.

The latest amended charge, FHC/ABJ/CR/115/2024, lists the Federal Republic of Nigeria as the complainant and Binance Holdings Limited as the sole defendant. It alleges that Binance failed to register with FIRS for tax purposes, an offence under section 8 of the Value Added Tax (VAT) Act of 1993 (as amended).

(NAN)