Binance Executive's Escape Spurs Extradition Request from Nigeria to Kenya.

27 Apr 2024

Nigerian authorities have formally requested Kenya to detain and extradite Nadeem Anjarwalla, a Binance executive accused of tax evasion, as reported by the Daily Post. An anonymous detective from the Directorate of Criminal Investigations (DCI) confirmed to TechCabal that the DCI has received the extradition request but has not yet taken action.

The detective emphasized that arresting Anjarwalla is a procedural matter and cannot be done solely based on the request. Additionally, the Anjarwallas' influential status and connections were noted as potential factors complicating the process.

Nadeem Anjarwalla, son of Atiq Anjarwalla, a prominent figure at Anjarwalla & Khanna Advocates, was apprehended on February 26 alongside his colleague Tigran Gambrayan upon their arrival in Nigeria to address the government's Binance-related decisions. While Gambrayan remains in custody and has pleaded not guilty to money laundering charges, Anjarwalla managed to escape from detention in Abuja and fled to Kenya before facing charges.

The Federal Inland Revenue Service (FIRS) of Nigeria has accused Anjarwalla and Tigran Gambaryan of failing to register Binance with them for tax purposes. Allegations include failure to deduct Value Added Tax (VAT) and facilitating tax evasion through the platform, which both Binance and its executives have denied.

The extradition process for Anjarwalla is anticipated to be complex and potentially prolonged, with legal challenges likely to delay the Nigerian case. Cooperation between police agencies, including Interpol, is limited by legal constraints, and the execution of an Interpol red notice or foreign arrest warrant differs significantly.

Under Kenya's extradition laws, Anjarwalla can only be arrested upon the issuance of an arrest warrant by a Nigerian court, which must then be forwarded to Kenya's attorney general or cabinet secretary. Alternatively, Nigeria can seek a red notice through Interpol. Subsequently, the Kenyan police must obtain court consent for the arrest, a procedure that could extend over months or even years.

A prominent example of a protracted extradition case involves the request to extradite former minister Chris Okemo and ex-Kenya Power CEO Samuel Gichuru to face money laundering and fraud charges in Jersey Island, initiated in 2011.

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