Binance executive, Gambaryan’s from court raises concerns, prison official gives reason

There was a mild drama at the Federal High Court in Abuja, on Friday, as the detained Binance Holdings Limited’s executive, Tigran Gambaryan, was conspicuously absent for his trial.

The News Agency of Nigeria (NAN) reports that the trial judge, Emeka Nwite, had, on 11 October, fixed today (Friday) for continuation of trial in the alleged money laundering case filed by the Economic and Financial Crimes Commission (EFCC) against Binance Ltd and its country representative, Mr Gambaryan.

The development followed the rejection of Mr Gambaryan’s second bail application by Mr Nwite.

Confusion

However, when the matter was called on Friday, the lawyers to the parties in the case were in court but Mr Gambaryan was not.

The judge then asked Mr Gambaryan’s lawyer, Mark Mordi, a Senior Advocate of Nigeria (SAN), on the whereabouts of his client.

Mr Mordi said he did not know why his client was not in court.

Also, the EFCC’s lawyer, Ekele Iheanacho, a SAN, said he was surprised Mr Gambaryan was not in court.

Mr Iheanacho therefore sought a stand-down to find out what could be wrong from the management of the Nigerian Correctional Service (NCoS).

Binance’s lawyer, Tonye Krukrubo, also a SAN, equally expressed worry over the absence of Mr Gambaryan from court.

He said the EFCC should be able to tell why he was not in court.

“He is in their custody. It is funny they are saying they do not know his whereabouts,” he said.

“Was it not taken to the correctional centre on the day the matter was adjourned?” The judge asked.

The judge, Mr Nwite, then asked the NCoS officer who was in court why Mr Gambaryan was not produced for his trial.

“Yes, my lord, he was taken to our custody,” the officer said in response to the judge.

“Did you not know his whereabouts,” Mr Nwite further asked.

“He is in our custody,” the officer insisted.

The judge, who asked him who was in charge of the Kuje Correctional Centre, directed the officer to put a telephone call to the person.

“Call him and tell him the court is worried about his whereabouts,” the judge added.

Mr Nwite then paused the hearing on the matter.

Reason for defendant’s absence emerges

Meanwhile when the court reconvened, Mr Nwite asked the NCoS officer about his findings.

The officer said, “I was told that he (Gambaryan) is very sick and that is why he could not be produced in court.”

Mr Gambaryan’s lawyer, Mr Mordi, then applied for an adjournment of the case.

“I urge for a date next week if only to report on the 2nd defendant’s state of health.

“This will allow parties to take necessary steps to ensure that the defendant is given the medical care required,” he said.

Mr Iheanacho did not oppose Mr Mordi’s oral application.

The lawyer said though he would have wanted the matter to proceed since a prosecution witness was in court, “We are very concerned about the issues of health.”

The judge subsequently adjourned the matter until 25 October for a report about Mr Gambaryan’s health.

Binance executive’s battle

Mr Gambaryan, a United States citizen, has been held at the Kuje Correctional Centre in Abuja since his arraignment in April.

He is standing trial alongside Binance, a cryptocurrency company, on five counts of money laundering and currency speculation involving as much as $34.4 million.

Binance is facing tax evasion charges in a separate case before another judge of the Federal High Court in Abuja.

In May, the court denied the Binance executive’s bail application, judging him a flight risk.

The court’s decision came about two months after Mr Gambaryan’s colleague, Nadeem Anjarwalla, reportedly escaped from a pre-trial custody in Abuja in March.

Since the court’s decision denying him bail, Mr Gambaryan’s health condition has been a recurring feature in the trial and the basis for the subsequent unsuccessful bail application.

On 11 October, the court dismissed Mr Gambaryan’s second bail application anchored on ill health.

The judge held that Mr Gambaryan failed to show in the bail application that the Nigerian Correctional Service (NCoS) did not have adequate facilities or had failed to take care of his ill-health.

He also ruled that the bail application constituted an abuse of court process. Mr Gambaryan’s request could not be granted when he was still challenging the ruling on his earlier bail application at the Court of Appeal.

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The judge, who stressed that the defendant failed to withdraw his pending appeal against the earlier ruling on his bail application before filling another motion, said such an act amounted to an abuse of court process.

“There is no gainsaying on this leg alone that this application is bound to fail,” he said.

The judge, however, ordered the NCoS to refer Mr Gambaryan to any standard hospital in Abuja for a period of two to three days.

(NAN)