A cryptocurrency platform, Binance Holdings Limited, on Monday asked the Federal High Court, Abuja, to set aside the ex-parte order granted the Federal Inland Revenue Services (FIRS) for substituted service of all court documents.
Binance lawyer, Chukwuka Ikwuazom (SAN), made the call after the matter was called on Monday.
He informed the court that a motion had already been filed to the effect on Friday.
He argued that the court rules for such service had not been complied with before the order was made.
Earlier, counsel to the FIRS, Chief Kanu Agabi (SAN), told the court that Binance served them with the motion seeking to vacate the order for substituted service on Monday morning.
Agabi, however, declared his readiness to respond to the application.
Justice Ekwo said the copy of the motion was not in the court file, and Ikwuazom, who apologised to the court, said the application was filed on Friday.
The judge adjourned the matter till April 30 to allow the FIRS to respond appropriately.
Justice Ekwo had on February 11 granted leave to FIRS to serve its originating summons and accompanying documents on the cryptocurrency firm through substituted means by sending the processes via email address: Eleanor-huges@binance.com.
The agency had dragged Binance and its executives, Tigran Gambaryan and Nadeem Anjarwalla, to court over the loss of $79.5 billion allegedly caused by their operations in Nigeria.
In the originating summons marked: FHC/ABJ/CS/1444/2024, dated and filed September 30, 2024, FIRS urged the court to determine whether the defendants are not liable to pay annual corporate income tax to the Federal Government for having had significant economic presence in Nigeria since 2022.
A sister court, presided over by Justice Emeka Nwite in October 2024, released Gambaryan after the Federal Government withdrew a money laundering charge filed against him and the company by the Economic and Financial Crimes Commission (EFCC).
Anjarwalla, who was detained alongside Gambaryan for tax evasion and other offences, escaped from lawful custody on March 22, 2024.
© Ripples Nigeria