Catalyzing Nigeria’s Transition Towards a Progressive Criminal Justice System under President Tinubu’s Leadership Amidst a Legacy of Rule of Law Disregard – Lessons from Anjarwalla and Ekweremadu Cases -By John Egbeazien Oshodi

Let’s delve into the gripping narrative surrounding Nadeem Anjarwalla’s dramatic escape, shedding light on Nigeria’s dark underbelly of systemic disregard for the rule of law and due process—a trend that has only intensified under the tenure of President Tinubu. This harrowing tale transcends borders, serving as a stark indictment of Nigeria’s legal and criminal justice apparatus. Let us explore the entrenched pathologies of a system plagued by impunity and an alarming approach to justice.

The detention of two senior Binance executives, Nadeem Anjarwalla and Tigran Gambaryan, in Nigeria since late February 2024 has sparked grave concerns regarding the nation’s approach to legal and criminal justice proceedings. This escalation stems from longstanding allegations levied against Binance, implicating the company in currency manipulation and illicit financial transactions.

As tensions mounted, Anjarwalla, Binance’s regional manager based in Kenya, and Gambaryan, the head of Binance’s financial crimes compliance unit in the US, embarked on a trip to Nigeria in a bid to address the allegations.

However, negotiations quickly soured, culminating in the seizure of their passports by the National Security Agency and their subsequent confinement to a guarded guest house. This swift action underscores the gravity of the situation and raises pertinent questions about due process and fair treatment within Nigeria’s legal framework.

According to media reports, the two individuals were held for weeks without formal charges. While Gambaryan, a US citizen and former senior agent with the Internal Revenue Service, remained in custody, Anjarwalla, a British lawyer, began exploring alternative options.

The narrative took a significant turn on March 22nd when both men appeared in a Federal High Court in Nigeria’s capital after nearly a month of confinement in an Abuja guest house. Authorities sought to extend their detention, citing the expiration of the initial order on March 12th. However, the courtroom proceedings took an unexpected twist as the judge opted to delay a ruling, intensifying the suspense.

Amidst this legal drama, media outlets uncovered additional complexities. Allegations emerged, suggesting that the Tinubu-led government had requested a comprehensive list of Binance’s top Nigerian users and detailed transaction histories, further underscoring the gravity of the situation.
As these events unfolded, the situation began to raise eyebrows globally, hinting at potential illegal custody. However, within Nigeria, everything appeared to proceed as usual. Anjarwalla, being a British lawyer, likely grasped the implications of this given his legal background.

Meanwhile, the families of Gambaryan and Anjarwalla anxiously awaited the court’s decision, clinging to hope. Their optimism waned when the court announced a postponement of the session until April 5th, prolonging the uncertainty shrouding their fate and heightening tensions.

The absence of formal charges against the two men, juxtaposed with the authorities’ insistence on extending their detention, cast doubt over the integrity of the legal proceedings. Despite the lapse of the initial detention order, Nigerian authorities remained steadfast in their determination to keep the executives detained, raising serious questions about matters of rule of law, due process, human rights, illegal detention, and justice in general.

As the saga unfolds, observers are left pondering why formal charges have yet to be declared, despite the authorities’ persistent pursuit of extended detention. The glaring disconnect between legal actions and concrete evidence gives rise to profound concerns, echoing the frustrations experienced by countless Nigerians grappling with similar uncertainties within the judicial system on a daily basis.

The escape of Nadeem Anjarwalla from custody within a guest house highlights a troubling trend of impunity and disregard for proper detention protocols in Nigeria. Anjarwalla’s detention occurred under the purview of the Office of the National Security Adviser, Nuhu Ribadu. However, the question arises: since when did the office of the National Security Adviser become a legitimate detention facility in the legal and human rights sense?

The decision to confine Anjarwalla and his colleague in a guest house, under the watch of security personnel, instead of placing them in a proper detention facility, is both puzzling and concerning. While modern criminal justice systems prioritize secure and regulated detention facilities, the practice of housing suspects in ad-hoc locations like cells is unfortunately common in Nigeria under agencies like the police, Civil Defense, EFCC, or the DSS. This deviation from established norms not only raises doubts about adherence to legal standards and human rights principles but also highlights systemic issues within Nigeria’s law enforcement framework. It’s a distressing reflection of the recurring nightmare endured by many Nigerians at the hands of various law enforcement agencies, adding yet another absurd layer to the narrative.

Standard detention procedures dictate that suspects can be held in cells temporarily without formal charges. However, charges must be filed within a reasonable timeframe, and suspects should be transferred to proper detention facilities, commonly referred to as jails. Despite Nigeria’s criminal justice system operating for over a century, the lack of functional jail systems to accommodate individuals awaiting trial or unable to meet bail requirements is alarming. This deficiency results in overcrowded prisons filled with awaiting trial suspects, highlighting significant shortcomings in the justice system’s ability to uphold the rule of law and protect the rights of individuals.

Furthermore, the decision to house Anjarwalla and his colleague in a guest house, rather than a legally recognized detention facility, raises serious questions about the rationale behind such arrangements. The fact that this directive came from the National Security Adviser, a retired senior police officer, who should know better adds another layer of complexity to the situation and underscores the need for accountability.

In essence, the use of a guest house for detention purposes reflects a systemic failure to uphold legal standards and protect the rights of detainees. It underscores the urgent need for comprehensive reforms within Nigeria’s criminal justice system to ensure compliance with international human rights norms and the rule of law. As the nation endeavors to address these deficiencies, it must prioritize the establishment of proper detention facilities and uphold the fundamental rights of all individuals within its jurisdiction.

Nadeem Anjarwalla’s audacious escape, staged during a supervised visit to a nearby mosque, highlights grave doubts regarding the efficacy of security measures and the integrity of Nigeria’s legal and law enforcement institutions. Despite the confiscation of his British passport, Anjarwalla utilized reportedly his Kenyan passport to abscond from the country, leaving authorities baffled and fueling suspicions of potential corruption or collusion.

The revelation that the guest house where Anjarwalla and his associate were detained offered them significant privileges and luxuries further exacerbates concerns about Nigeria’s criminal justice system. The oversight of this arrangement by the National Security Adviser’s office raises serious questions, prompting incredulity and ridicule. How an adviser to the president could operate a guest house akin to a detention facility adds to the surreal nature of the situation, amplifying concerns about governmental negligence.

In a country where corruption flows like water and bribery is as common as food, Nigerians find themselves unsurprised by such events. In fact, many wonder how much of a bribe Anjarwalla may have paid to facilitate his escape. This grim reality serves as a stark reminder of the pervasive corruption that plagues Nigerian society, casting doubt on the ability of authorities to uphold the rule of law.

Moreover, the exploitation of these privileges, particularly the provision of free phone access, to orchestrate Anjarwalla’s escape exposes a flagrant disregard for established security protocols. The decision by the authorities, particularly the office of the national security adviser, to grant such liberties to individuals known to be flight risks raises serious questions. Despite having seized their passports, allowing them access to communication and freedom of movement contradicts standard security protocols. This discrepancy in treatment prompts speculation about potential systemic biases favoring individuals who are of white or non-black skin.

This begs the question: Were Anjarwalla and his colleague given special privileges due to their perceived status or ethnicity, while others facing similar circumstances in Nigeria would not receive such leniency? Such disparities in treatment highlight longstanding societal issues and raise concerns about fairness and equality within Nigeria’s legal and law enforcement systems.

The comparation between the legal proceedings involving former Deputy Senate President Ike Ekweremadu and the case of Nadeem Anjarwalla exposes profound disparities in the application of justice and the protection of individuals’ rights within Nigeria’s legal system. Ekweremadu, facing charges related to organ trafficking, underwent a meticulously structured legal process following his arrest by the London Metropolitan Police in June 2022. Contrary to Anjarwalla’s treatment, Ekweremadu was not subjected to the ambiguity of a guest house detention but rather confined within the secure confines of Belmarsh Prison, renowned for its rigorous bail protocols and stringent security measures.

During Ekweremadu’s legal ordeal, he received prompt notification of the charges against him, had legal representation from the outset, and was granted a fair but stringent opportunity for a bail hearing. His journey reached its climax in a trial at London’s prestigious Central Criminal Court, the Old Bailey, where the principles of due process and procedural fairness were meticulously observed. The culmination was a verdict of guilt and a subsequent sentence of approximately ten years in May 2023. This transparent and systematic approach to justice stands in stark contrast to the handling of Anjarwalla’s case.

In stark contrast, despite being identified as a flight risk, Anjarwalla’s experience deviated significantly from Ekweremadu’s. Rather than being held in a facility designed for secure detention, he was accommodated in a guest house, where he enjoyed privileges akin to those of a regular guest, including access to telephones and the liberty to attend nearby prayer gatherings. This leniency, coupled with delays in formalizing charges and lapses in security protocols, raises profound concerns about the integrity and efficacy of Nigeria’s legal apparatus and its commitment to upholding the fundamental tenets of due process.

The glaring disparity in the treatment of Ekweremadu and Anjarwalla underscores broader systemic issues of inequality, opacity, and accountability plaguing Nigeria’s legal and law enforcement infrastructure.

In a sudden twist reminiscent of a global thriller, Nigeria has charged Binance and two of its executives with tax evasion. However, the timing of this move raises eyebrows, especially considering that one of the executives managed to escape government custody from a guest house just hours earlier.

The revelation that charges are being brought forth now, mere hours after the escape of one of the executives, adds a layer of absurdity to an already baffling situation. One can’t help but wonder why authorities didn’t take action sooner.

This development not only exposes the inefficiency and incompetence of Nigerian authorities but also highlights the farcical nature of the country’s legal system.

It serves as a poignant reminder of the urgent need for comprehensive reforms aimed at ensuring universal access to justice and equitable treatment under the law, irrespective of an individual’s status or ethnicity. Only through such transformative measures can Nigeria aspire to restore public confidence in its judicial system and safeguard the principles of fairness, transparency, and the rule of law.

Amidst the chaos and absurdity of Nigeria’s criminal justice system, one cannot help but reflect on the passage of time and the sheer weight of history spanning over 110 years. From the colonial era in 1914 to the present day in 2024, Nigeria’s legal landscape has witnessed a tumultuous journey. Yet, despite this lengthy trajectory, the persistent challenges plaguing the system seem to mock any notion of progress.

From its inception under British colonial rule to the present, Nigeria’s legal system has been marred by inefficiency, disorderliness, and power struggles among law enforcement and security agencies.

Despite numerous reforms, the same issues continue to persist, casting a dark shadow over the country’s aspirations for a fair and effective judiciary.

As we reflect on Nigeria’s turbulent legal history spanning over a century, it’s disheartening to realize how little progress has been made in addressing systemic flaws. The recent escape of Nadeem Anjarwalla from a guest house in Abuja, where he and his colleague were detained, serves as a poignant reminder of these enduring challenges.

Anjarwalla’s evasion of custody not only highlights the deficiencies in Nigeria’s security protocols but also exposes the incompetence and lack of integrity within law enforcement agencies. It underscores broader systemic issues plaguing the country’s legal infrastructure, including the failure to effectively manage high-profile cases and uphold the principles of justice and accountability.

This incident compels us to confront the harsh reality that Nigeria’s legal system is entrenched in dysfunction, impeding its evolution into a fair and just society. It raises profound concerns about the nation’s ability to protect its citizens and uphold the principles of the rule of law. Such egregious abuses erode confidence in the system and underscore the pressing need for accountability and reform within Nigeria’s legal and law enforcement frameworks.

Looking ahead, substantial reforms are urgently required to tackle these systemic challenges and rebuild public trust in Nigeria’s legal institutions. Without decisive action, the cycle of impunity and disregard for due process will persist, undermining the country’s aspirations for progress and development.

The blatant exploitation of privileges in this case highlights the immediate necessity for accountability and reform within Nigeria’s law enforcement agencies. It is imperative for Nigerian authorities to conduct a thorough investigation into this incident and rectify any systemic failures to prevent similar occurrences in the future.

This case stands as a poignant reminder of the formidable hurdles confronting Nigeria’s legal and law enforcement systems. It underscores the urgent need for comprehensive reforms to fortify the rule of law and ensure justice for all citizens, regardless of their status or connections. Without decisive action to address these underlying issues, Nigeria risks further erosion of public confidence in its legal institutions, perpetuating a culture of impunity and injustice.

Anjarwalla’s daring escape serves as a stark wake-up call for Nigerian authorities to confront the systemic dysfunction within the country’s legal framework. It highlights the pressing need for improvements aimed at bolstering the rule of law, fortifying security measures, and reinstating trust in the judiciary. Only through concerted efforts to tackle these fundamental challenges can Nigeria advance towards a fair, equitable, and effective legal system that serves the interests of all its citizens.

The failure of the Nigerian legal system to promptly communicate official charges to Anjarwalla, provide him with a fair bail hearing, and house him in a proper detention facility has drawn sharp rebuke from international media outlets. The necessity for Interpol’s intervention to locate Anjarwalla underscores the gravity of the situation, urging Nigeria to swiftly address its institutional deficiencies. This series of events not only reflects poorly on Nigeria’s legal framework but also calls into question the country’s commitment to upholding due process and the rule of law.

In a bizarre turn of events, Nigerian authorities thought it fitting to provide Anjarwalla with a VIP guest house experience complete with free phone privileges and even excursions for religious observances. One can’t help but wonder if they were offering him a vacation rather than holding him in custody. Predictably, Anjarwalla took advantage of these absurdly lax security measures to orchestrate his great escape. This spectacle not only showcases the ineptitude of Nigerian authorities in managing high-profile detainees but also paints a comical picture of their so-called “security protocols.” It’s as if they were running a luxury resort rather than a detention facility!

It is imperative that authorities learn from the mishandling of Anjarwalla’s case and ensure equitable treatment for his counterpart. This includes promptly communicating official charges, affording a fair opportunity for a bail hearing, and establishing appropriate custody arrangements. By upholding these standards, the legal system can reaffirm its commitment to the rule of law and protect the rights of all individuals involved.

In the face of attempts by Nigerian authorities to obscure or distort the truth surrounding Anjarwalla’s detention and escape, it is imperative that we remain steadfast in our pursuit of justice and accountability. We must confront institutional shortcomings head-on and draw wisdom from past errors. This demands an unwavering commitment to transparency, accountability, and adherence to established legal procedures. Only through these steadfast principles can Nigeria ascend towards cultivating a legal landscape defined by integrity, equity, and reverence for the rule of law.

It’s time for a paradigm shift – Oga Ribadu, declares the call for change. No longer should criminal suspects, regardless of their nationality or appearance, be housed in guest houses. This statement resonates with urgency, highlighting the pressing need for reform in Nigeria’s legal system. Let’s break free from complacency and ensure impartial justice, restoring integrity to our institutions and regaining the respect of the global community.

Oga Ribadu, I repeat, no more guest house for criminal suspects, including Oyibo looking ones.

Professor John Egbeazien Oshodi, born in Uromi, Edo State, Nigeria, is an American-based police and prison scientist, forensic psychologist, public policy psychologist, and legal psychologist. He’s a government advisor on forensic-clinical psychological services in the USA and the founder of the Dr. John Egbeazien Oshodi Foundation for Psychological Health. With a significant role in introducing forensic psychology to Nigeria through N.U.C. and Nasarawa State University, he’s also a former Secretary-General of the Nigeria Psychological Association. He’s taught at esteemed institutions like Florida Memorial University, Florida International University, Nova Southeastern University, and more, and is currently an online faculty member at Weldios University, Nexus International University, and Walden University. John.Oshodi@mail.waldenu.edu