MARCEL MBAMALUThe spirit of the Mutual Legal Assistance Treaty (MLAT) between Nigeria and the United States, signed in 1989, is to facilitate cooperation in criminal matters, including the exchange of evidence and information. This treaty aims to enhance law enforcement collaboration, allowing for the sharing of documents, testimonies, and other forms of assistance necessary for investigations and prosecutions. However, one can now evidently say that it was to this effect that the USA got Nigeria to release Tigran Gambaryan, a Binance executive, who faced serious legal challenges in Nigeria. Binance is one of the biggest cryptocurrency exchanges globally.
Unfortunately, it seems the MLAT treaty is only favourable to the USA as the Nigerian government could not stand on it to protect not only the image of Nigeria internationally but also Nigerians’ individual businesses, such as that of Allen Onyema, the CEO of Air Peace.
Join our WhatsApp ChannelThe US Department of Justice recently renewed a 2019 case in 2024, accusing Onyema of not following due process in aircraft purchases. In 2019, Nigerian authorities, after initial dillydallying, was not able to prove that Onyema had committed any offence. However, critics believe that Nigeria’s leadership has not done enough to support the CEO, nor to protect the image of Air Peace in the process.
Recall that in 2019, President Muhammadu Buhari’s Social Media aide, Lauretta Onochie, expressed support for the U.S. legal process, suggesting that Onyema should clear his name in the U.S. At that time, Nigerian youth groups warned against denying Onyema fair hearing rights. They also alleged that his indictment may be influenced by business rivals in the aviation sector.
Even with renewed persecution in 2024, Onyema, through his legal team, has also labelled the accusations as “mere allegations,” emphasising that no financial loss occurred and that all transactions were conducted in good faith.
A Different Treatment
On October 23, 2024, Gambaryan, who was detained for nearly eight months on charges of money laundering and tax evasion was released. Arrested in February 2024, Gambaryan was accused of laundering $35.4 million in connection with Binance’s operations, which Nigerian authorities claimed contributed to the depreciation of the naira and economic distress in the country.
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Gambaryan’s case unfolded rapidly but his detention sparked immediate diplomatic engagement from the U.S., with bipartisan support from lawmakers advocating his release. Within eight months, U.S. officials intensified their efforts, resulting in Nigeria dropping all charges against him. In view of this, one can say that the gravity of the cases involving Allen Onyema and Tigran Gambaryan illustrates significant differences in legal repercussions, time frames, and responses from their respective governments.
This swift intervention by the US government highlights a proactive approach to protect its citizens abroad, contrasting sharply with Nigeria’s handling of Onyema’s situation. The Nigerian government has largely remained passive, advising him to clear his name in U.S. courts without offering substantial diplomatic support or intervention. This lack of action has left Onyema vulnerable to international scrutiny and potential reputational damage for Nigeria.
Calls from Nigerians
In response to the release of the Binance executive, US President, Joe Biden, thanked Nigeria’s leadership for the withdrawal of the criminal charges against Gambaryan, regarding it as a humanitarian service. This particular action has saddened many Nigerians because the government has done nothing to protect Allen Onyema of Air Peace, the nation’s biggest airline that has employed thousands of Nigerian citizens. It is pretty much the same with the case of a former deputy senate President, Ike Ekweremadu, who has been languishing in detention in the UK since June 2022 in connection with organ trafficking charges, which he and his wife deny. It now looks as if the Nigerian government cares more about the welfare of US citizens than Nigerian citizens, hence, many maintain that the government acted this way because the US is a world power. The same is true of the UK.
Aside from the Nigerian Ethnic Nationality Youth Leaders Forum, which had urged the government to advocate for fair treatment and due process for Onyema, many others want to know what Nigeria’s president replied to the US president during their 30-minute conversation or whether it was a one-directional conversation.
Reports indicated that the US citizen was released so he could go for treatment. However, many marveled at this because there are many Nigerians who are ill while still serving their sentences. They wondered how anyone could trust Nigeria as a country and be proud of it. This further exacerbated the lost hope Nigerians have had in their leadership for a long time.
Onochie had stated that “American laws go after those who break them, and that a man reaps what they sow. As such, it is crucial to ask whether Nigeria’s own laws are weak in holding those who break them accountable, especially foreigners. And since the Nigerian government expects Allen Onyema to clear his name himself, is it not also Nigeria’s reputation and name that is being damaged internationally?
What the Government Must Do
The Nigerian government should understand that Onyema’s indictment has led to a perception of increased scrutiny on Nigerian businesses, potentially deterring foreign investment and complicating diplomatic relations. Even if the Nigerian government does not want to protect the image of the country, it should consider Onyema’s contributions to its economy so far, including job creation and what the country stands to lose if an international action should cause any harm to Air Peace.
Hence, the Nigerian government should stand in the spirit of the Mutual Legal Assistance Treaty (MLAT) between Nigeria and the United States so that the USA will also drop the charges against Onyema, as was done in the case of Gambaryan. The best course of action is to support Onyema internationally, after which Nigeria can decide to carry out its own investigation internally, and act accordingly.
Dr Mbamalu is a Jefferson Fellow, member of the Nigerian Guild of Editors (NGE) and a renowned Publisher.
Dr. Marcel Mbamalu is a communication scholar, journalist and entrepreneur. He holds a Ph.D in Mass Communication from the University of Nigeria, Nsukka and is the Chief Executive Officer Newstide Publications, the publishers of Prime Business Africa.
A seasoned journalist, he horned his journalism skills at The Guardian Newspaper, rising to the position of News Editor at the flagship of the Nigerian press. He has garnered multidisciplinary experience in marketing communication, public relations and media research, helping clients to deliver bespoke campaigns within Nigeria and across Africa.
He has built an expansive network in the media and has served as a media trainer for World Health Organisation (WHO) at various times in Northeast Nigeria. He has attended numerous media trainings, including the Bloomberg Financial Journalism Training and Reuters/AfDB training on Effective Coverage of Infrastructural Development of Africa.
A versatile media expert, he won the Jefferson Fellowship in 2023 as the sole Africa representative on the program. Dr Mbamalu was part of a global media team that covered the 2020 United State’s Presidential election. As Africa's sole representative in the 2023 Jefferson Fellowships, Dr Mbamalu was selected to tour the United States and Asia (Japan and Hong Kong) as part of a 12-man global team of journalists on a travel grant to report on inclusion, income gaps and migration issues between the US and Asia.
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