Justice Emeka Nwite of the Federal High Court in Abuja adjourned till October 25 the trial of detained Binance executive, Tigran Gambaryan, following his absence on health grounds.
NewsNGR reported that the Court on October 11 denied Gambaryan’s fresh bail application filed on August 28 through his lawyer, Mark Mordi, a Senior Advocate of Nigeria.
In his ruling, Nwite said the bail application by Gambaryan constitutes an abuse of court process, as he has a pending appeal on his first bail.
Nwite held that since an appeal has been filed, a lawyer is restrained from re-litigating, especially having not withdrawn that appeal.
The judge also held that the current bail application presents no new facts on his health, adding that the Federal Government has shown that it is capable of providing proper medical care to him.
Relying on the medical records, he noted that renowned Nigerian medical experts are already managing Gambaryan’s health.
However, the court ordered the Nigerian Correctional Service to refer Gambaryan to any standard hospital in Abuja under security supervision.
However, at the resumption of proceedings on Friday, Gambaryan was not present in court, with both the defence and prosecution counsel unaware of the reason for his absence.
Justice Nwite therefore stood down the court briefly to allow the parties to investigate why the 2nd defendant was absent.
Upon resumption, counsel for the Economic and Financial Crimes Commission (EFCC), Ekene Iheanacho, a Senior Advocate of Nigeria, informed the court that Gambaryan was receiving treatment at a hospital and that the correctional centre would provide more details.
A representative from the correctional facility said to the court “My Lord, the 2nd defendant is very sick, and we will not be able to produce him in court today.”
Gambaryan’s counsel, Mordi then requested an adjournment until next week to be able to provide an update to the court on his health.
He said, “I humbly beseech my Lord for a date next week, if only to report on the 2nd defendant’s state of health. This should allow the parties to take any necessary steps to ensure the 2nd defendant receives proper medical attention.”
The prosecution did not oppose the request for adjournment
With both parties in agreement, Justice Nwite adjourned the matter to Friday, October 25, for an update on Gambarayan’s health condition.
The Nigerian Government accused Binance Holdings Limited of concealing the origin of their alleged unlawful financial proceeds, totalling $35,400,000, an act contrary to the Money Laundering (Prevention and Prohibition) Act.
Binance is also accused of tax evasion, operating without a licence and regulatory compliance.
Gambaryan, who is Binance’s head of financial compliance, is one of two executives arrested in February, in relation to the case.
While Gambaryan remained in custody, Nadeem Anjarwalla, the regional manager for Binance in Africa on March 24 escaped using a smuggled passport.