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Court Slates May 17 To Decide Bail Request By Binance Executive

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Justice Emeka Nwite of a Federal High Court in Abuja has adjourned till May 17 to rule on the bail application filed by a Binance executive, Tigran Gambaryan.

Justice Nwite fixed the date on Tuesday after taking arguments from parties for and against the bail of Gambaryan, who is the second defendant in the charge filed by the Economic and Financial Crime Commission (EFCC) against Binance Holdings Limited, a cryptocurrency firm, and its executive over alleged money laundering to the tune of $35,400,000.

Arguing the bail application on behalf of his client, Mark Mordi (SAN) said, the court has the inherent jurisdiction to admit the defendant to bail, more so that, the offences for which he was charged are bailable offences.

Besides, he said, the defendant is presumed innocent until proven otherwise by the court and added that his client is anxious to prove his innocence before the court.

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According to Mordi, Gambaryan is not a flight risk and his international passport has been seized by the EFCC adding that, “The only reason the EFCC is holding the defendant is that, they want to use him as a leverage in making his employer provide them with information”.

While accusing the anti-graft agency of not acting according to law, Mordi prayed the court to admit the defendant to bail adding that, the court has the power to put in place necessary safeguards to ensure that the defendant attends his trial.

Opposing the application for the bail of the Binance executive, EFCC lawyer, Ekele Iheanacho, in a 14-paragraph affidavit, prayed the court to refuse the bail application of the defendant.

Iheanacho told the court that the second defendant is both an American and Amanian citizen and had attempted to process a new passport on the ground that his initial passport was missing.

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He said if EFCC had not intercepted the second defendant, he would have perfected the act, pointing out also that the second defendant had no attachment to any community in Nigeria to ensure that he would be available for his trial if granted bail.

Replying on point of law, Mordi prayed the court to discountenance the submission of the prosecution to the effect that the defendant is an American citizen by birth as there is nothing before the court to buttress that submission.

He said the second defendant who had been in custody for 50 days is eager to go to trial to prove his innocence.

After hearing the submissions of counsel, Justice Nwite adjourned till May 17, 2024, for ruling.

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Gambaryan, who took a plea on behalf of the Company as its representative pleaded not guilty to the money laundering allegation preferred against him by the EFCC.

The anti-graft agency had charged Binance Holdings Limited, a cryptocurrency firm, and Tigran Gambaryan, the company’s head of financial crime compliance on a five-count charge bordering on money laundering.

In the charge filed on March 28 by the anti-graft agency, the company executives are being accused of money laundering to the tune of $35,400,000.

EFCC alleged in one of the counts that, the defendants, between January 2023 and January 2024 in Abuja, carried out a specialised business of other financial institutions without valid licence.

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The offence is said to be contrary to Section 57(1) and (2) of the Banks and Other Financial, Institutions Act, 2020, and punishable under Section 57(5) of the same Act.

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Nigerians granted visa-free entry to Grenada

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The Consulate of Grenada in Nigeria has announced visa-free access for Nigerian passport holders as part of efforts to boost trade, tourism, and investment ties between the two countries.

Grenada’s Consul to Nigeria, Ambassador Abidemi Sonoiki, disclosed the development during an interactive session with journalists on Thursday.

He said the Caribbean nation has already approved free entry for Nigerians and is awaiting reciprocal action from the Nigerian government through diplomatic channels.

“I have a letter from Grenada’s foreign affairs authorities to Nigeria’s Ministry of Foreign Affairs. Grenada has approved free access for Nigerians, and we expect Nigeria to reciprocate the gesture,” Sonoiki stated.

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The move aims to deepen economic relations.

Sonoiki highlighted investment opportunities for Nigerians in sectors including tourism, aviation, real estate, maritime services, education, agriculture, and financial technology.

Grenada, with a population of about 125,000, is described as a stable, investment-friendly destination with a low crime rate.

Its currency has remained stable since the country gained independence in 1974.

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Tourism forms the backbone of its economy, attracting visitors for vacations, weddings, cultural events, and education.

The envoy disclosed that discussions were also ongoing to establish a direct air link between Nigeria and Grenada, with hopes that a permanent route could begin operations within the next six months.

Such connectivity would enhance tourism, trade, and people-to-people exchanges, positioning Grenada as a gateway to the wider Caribbean market of around 46 million people, while leveraging Nigeria’s role as a key entry point into Africa.

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NUPRC Seeks Funding For Oil, Gas Operators

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The Nigerian Upstream Petroleum Regulatory Commission (NUPRC) has appealed to financial institutions to increase funding for oil and gas operators as part of efforts to expand domestic production.

NUPRC chief executive, Oritsemeyiwa Eyesan, made the call during a visit by senior executives from Rand Merchant Bank (RMB) to the commission’s Abuja headquarters.

Eyesan emphasised the importance of collaboration between regulators, financiers and operators to unlock investment and accelerate growth in the country’s gas sector.

“One critical element will be financing, and we are hoping that you and the financial world will be there to support us. We will ensure that the industry operates in accordance with the Petroleum Industry Act and all other regulatory instruments,” Eyesan said.

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She disclosed that the industry’s appetite for investment is very strong, as demonstrated by the interest in the ongoing 2025 licensing bid round, which witnessed almost 300 applications from IOCs and indigenous operators.

The NUPRC boss also highlighted ongoing initiatives around energy transition, including the issuance of Permits to Access Flare Gas (PAFG) to 28 firms and a target of 60 per cent reduction in fugitive methane emissions by 2031, among other initiatives aimed at promoting sustainable development in the upstream sector.

Responding, the head of Oil and Gas Coverage at Rand Merchant Bank, Jonathan Ross, said the bank is keen on supporting Nigeria’s efforts to grow oil and gas production, with a particular focus on gas development.

He described gas as a strategic priority for the bank, citing major infrastructure projects such as the OB3 Gas Pipeline as critical to unlocking the country’s vast gas potential.

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The bank also acknowledged recent regulatory reforms and improvements in security in host communities, noting that Nigeria is in a stronger position to attract investment than in previous years.

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Falana To FG: Recover $118.67bn, N66.4bn in Outstanding Oil Sector Funds

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Human rights lawyer Femi Falana has urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, to take immediate legal steps to recover over $120.5 billion and N66.4 billion owed to the federal government by the Nigerian National Petroleum Company Limited (NNPCL), international oil companies (IOCs), and other industry operators.

Falana, in a letter on behalf of the Alliance on Surviving Covid-19 and Beyond (ASCAB), stated that court rulings, government investigations, and federal agency reports confirm that these substantial amounts, comprising unpaid royalties, taxes, dividends, and other revenues, are still unpaid and must be remitted to the Federation Account.

The senior lawyer warned that if the Attorney-General does not initiate recovery actions within 14 days of receiving the letter, ASCAB would seek a court order compelling him to act in accordance with his constitutional and legal duties.

Falana identified five main categories of funds to be recovered.

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The largest portion, he said, is $62 billion in unpaid royalties owed by international oil companies, due to the federal government’s failure to enforce the Deep Offshore and Inland Basin Production Sharing Contracts Act.

He explained that Section 16 of the law requires royalty increases when crude oil prices exceed $20 per barrel, but this was overlooked for 18 years, resulting in significant revenue loss.

Falana also stated in the letter that the governments of Akwa Ibom, Bayelsa, and Rivers approached the Supreme Court and that on October 20, 2018, the apex court issued a consent judgment instructing the federal government to recover these royalties and pay the states their 13% derivation entitlement.

The right advocate further stated that a committee set up by former Attorney-General Abubakar Malami concluded that $62 billion could be recovered from the international oil companies.

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He also mentioned that the Federal High Court has issued judgments supporting Akwa Ibom, Rivers, and Bayelsa states’ claims to their share of the disputed royalties.

The lawyer further urged the government to recover $29 billion in proceeds from crude oil theft and undeclared exports.

He also pointed out that findings by lawyers hired by NIMASA reportedly showed that 60.2 million barrels of crude, worth about $12.7 billion, were discharged at the Port of Philadelphia, USA, between 2011 and 2014.

Falana also cited a House of Representatives ad hoc committee report that estimated that $17 billion in crude oil and LNG exports left Nigeria without proper records during the same period.

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He called on the Attorney-General to direct the EFCC to recover the funds from the oil and shipping firms involved.

Regarding Nigeria LNG Limited (NLNG), Falana accused NNPCL of failing to remit $21.5 billion in dividends received on behalf of the federal government.

He pointed out that NLNG paid over $44 billion in dividends over 26 years, with NNPCL, holding a 49% stake, receiving about $21.5 billion, which has not been remitted to the Federation Account despite several recommendations and resolutions.

Falana also referenced NEITI’s 2022/2023 report, which identified $6.071 billion and N66.4 billion in outstanding revenues as of June 2024.

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He criticised the National Assembly for approving a $2.1 billion external loan request in November 2024 amid these recoverable revenues.

The lawyer urged the Attorney-General to recover $2.9 billion spent on rehabilitating the Port Harcourt, Warri, and Kaduna refineries, noting contractual breaches by foreign contractors and operational issues, including refinery shutdowns.

He called for an EFCC investigation into the contracts and recovery of related funds.

He emphasised that recovering these sums would boost government revenue and lessen dependence on external borrowing.

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“If the said sum is recovered, the Federal and state governments will avoid further external loans,” the letter stated.

Falana asserted that ASCAB has the legal standing to pursue legal action if necessary, citing its role in advocating amendments to the contracts law, which President Buhari signed into law in 2019.

As of now, neither the Office of the Attorney-General nor NNPCL has publicly responded to these claims and requests.

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