FG sues Binance for $81bn over ‘economic losses, tax evasion’

The federal government is seeking $81 billion in compensation from Binance Holdings Limited over alleged economic losses linked to its operations in Nigeria.

According to Nairametrics, the federal government claimed that Binance deliberately operated in secrecy despite having a significant economic presence in Nigeria.

The suit, marked FHC/ABJ/CS/1444/2024, was brought before Inyang Ekwo of the federal high court in Abuja on February 11.

The federal government alleged that the company violated several financial and tax regulations, including the Companies Income Tax Act, the Federal Inland Revenue Service (Establishment) Act 2007, the Central Bank of Nigeria’s Regulatory Framework for Mobile Money Services, and the Significant Economic Presence (SEP) Order, which applies to foreign companies earning at least N25 million annually from digital services in Nigeria.

In an affidavit deposed to by Jimada Yusuf, a member of the special investigation team in the office of the national security adviser (ONSA), Binance is said to have been operating in Nigeria for over six years without registration.

Yusuf said Binance executives Tigran Gambaryan and Nadeem Anjarwalla admitted this fact during a 2024 meeting with the Securities and Exchange Commission (SEC).

He further claimed that in a letter dated February 20, 2024, Binance acknowledged having 386,256 active Nigerian users, a trading volume of $21.6 billion, and a net revenue of $35.4 million for the 2023 calendar year.

The FIRS, represented by its lead counsel Kanu Agabi, a senior advocate of Nigeria (SAN), argued that Binance is liable to pay corporate income tax in Nigeria and must file income tax returns for 2022 and 2023.

The agency is also seeking a court order compelling Binance to pay $2,001,000,000 in outstanding income taxes for the two years and imposing a 10 percent penalty per year on unpaid taxes.

The FIRS also wants Binance to pay an annual interest rate of 26.75 percent, based on the CBN’s lending rate, from January 1, 2023, and January 1, 2024, respectively, until full payment is made.

Additionally, the FIRS requests that Binance be held responsible for economic losses amounting to $79.51 billion and N231 million.

At the latest court proceedings, Inyang Ekwo, the presiding judge, granted a motion for substituted service on Binance, allowing legal documents to be served through alternative means.

The case has been adjourned to March 3.