Justice Emeka Nwite of the Federal High Court in Maitama, Abuja, has postponed the ruling on a fresh bail application filed by Tigran Gambaryan, an executive of Binance Holdings Limited, to October 9, 2024. Gambaryan, the second defendant, is facing criminal charges alongside the company by the Economic and Financial Crimes Commission (EFCC) on a five-count charge of tax evasion, currency speculation, and money laundering involving $34,400,000.
At the hearing on Wednesday, September 4, 2024, Gambaryan’s defense counsel, Mark Mordi, SAN, requested bail on liberal terms, citing his client’s deteriorating health and the need for urgent medical attention that he claimed could not be adequately provided in Nigeria. Mordi argued that medical reports supported the seriousness of Gambaryan’s health issues, warranting his release for proper care.
However, prosecution counsel Ekele Iheanacho opposed the bail application, presenting a 28-paragraph counter-affidavit and six exhibits demonstrating that Gambaryan was receiving appropriate medical care in Nigeria. Iheanacho argued that Gambaryan had been attended to by various specialists at reputable facilities, including the State House Annex Clinic, Nizamiye Hospital Ltd., and a teaching hospital in Gwagwalada.
Iheanacho stated, “The reports show that the second defendant has been receiving very adequate medical treatments from Nigerian hospitals. Despite this, he has refused the treatment, medication, and food offered, which suggests he is trying to manipulate the system to secure release.”
He further contended that Gambaryan’s refusal to cooperate with medical staff was a deliberate attempt to force his way out of detention and noted the pattern of high-profile defendants suddenly claiming illness to delay legal proceedings. Citing Section 124(1)(a) of the Evidence Act 2011 and the Supreme Court decision in Joshua Dariye vs. FRN, Iheanacho emphasized that Gambaryan’s application constituted an abuse of court process, given his ongoing appeal against a previous bail denial.
Following arguments from both parties, Justice Nwite adjourned the case to October 9, 2024, for a ruling on the bail application and to continue the trial.
