COURT ORDERS BINANCE TO PROVIDE EFCC WITH USER DATA FROM NIGERIANS
A Federal High Court located in Abuja has mandated that Binance Holdings Limited furnish the Economic and Financial Crimes Commission with detailed data about every Nigerian individual who transacts on its platform.
In response to an ex-parte application from the EFCC seeking details regarding Nigerian traders on Binance, the court issued the order.
The suit, filed on February 29 and designated FHC/ABJ/CS/259/2024, was brought under the auspices of the Money Laundering (Prevention and Prohibition) Act, 2022 (as amended), Section 15 of that act, and Sections 6(b), (h), (I), 7(1), (a)(2), and 38 of the Economic and Financial Crimes Establishment Act, 2004.
An EFCC employee named Hamma Bello testified in support of the motion that the commission’s Special Investigation Team, based in the Office of the National Security Adviser, had received information indicating that Binance was being used for money laundering and financing terrorist activities.
He said, āThe Special Investigation Team of the commission domiciled in the Office of the National Security Adviser received an intelligence stating the nefarious activities (money laundering and terrorism financing) on Binance, a cryptocurrency exchange platform.
āThat on receipt of the intelligence, the team began an investigation by conducting surveillance of the activities of the platform.
āThe team uncovered users who have been using the platform for price discovery, confirmation, and market manipulation, which has caused tremendous distortions in the market, resulting in the Naira losing its value against other currenciesā
Bello also said the team uncovered some users whose activities on Binance resulted in the countryās currency losing its value against other currencies.
He said, āThat the team uncovered users who have been using the platform for price discovery, confirmation and market manipulation which has caused tremendous distortions in the market, resulting in the Naira losing its values against other currencies.
āThat the damage the platform has caused was clearly explained to the operators of the platform, and they were requested to delist the Naira and avail the ONSA on the activities of the Nigerians on their platform.
āThat from the information afforded to the team by Binance shows trading volume from Nigeria in 2023 alone stood at $21.6bn.
āAttached and marked as Exhibit EFCC 1 is a copy of the document from Binance to the ONSA stating this fact amongst others.
āThat the commission will ensure that investigation is conducted within such reasonable time,ā
According to Bello, the commission’s probe would be completed with the assistance of the required data.
Justice Emeka Nwite issued the interim order, according to a certified authentic copy of the decree that was delivered on February 29 but was seen by journalists on Monday.
Nwite said, āThe applicantās application dated and filed 29th February 2024 is hereby granted as prayed.
āThat an order of this honourable court is hereby made directing the operators of Binance to provide the commission with comprehensive data/information relating to all persons from Nigeria trading on its platform.ā
Users can trade cryptocurrency on the website Binance.
During a news conference following the 293rd Monetary Policy Committee meeting in Abuja in February, the governor of the Central Bank of Nigeria, Olayemi Cardoso, said that almost $26 billion had been anonymously transferred through Binance over the previous year.
Due to a ban on their website, two firm officials were detained and arrested when they arrived in the nation, according to a report published by the Financial Times on February 28.
According to a March 12, 2024, FT article, Binance was requested by the EFCC to provide information on its 100 most popular users in Nigeria, along with a complete transaction history for the previous six months.