Jonathan Nwokpor
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Executive Tigran Gambaryan of Binance Holdings Limited, who is now arrested, filed a new bail plea, which was denied by a Federal High Court in Abuja on Friday.
In a decision, Justice Emeka Nwite rejected the application on the grounds that it was an improper use of the legal system.
Given that Gambaryan was still appealing the previous bail decision at the Court of Appeal, Justice Nwite decided that the request could not be granted.
The judge emphasized that the defendant’s failure to withdraw his pending appeal against the previous decision regarding his bail application before submitting a new motion amounted to a misuse of the legal system.
“There is no gainsaying on this leg alone that this application is bound to fail,” he said.
He said that Gambaryan had not demonstrated to the court that the Nigerian Correctional Service (NCoS) lacked adequate facilities or that they had neglected to attend to his medical needs.
“Therefore, the facts before the court have shown that the Nigerian Correctional Service can treat the second defendant,” he said.
However, the judgment mandated that the NCoS send Gambaryan to any Abuja standard hospital for a two- to three-day stay.
He then postponed the case till October 18, November 22, and November 25 in order to continue the trial.
Due to his absence from court last Wednesday, Justice Nwite scheduled the decision on the second bail application for this Friday, October 11.
According to NAN, on September 4, Ekele Iheanacho, SAN, the counsel for the Economic and Financial Crimes Commission, fiercely contested the bail request made on Gambaryan’s behalf by Mark Mordi, SAN.
Iheanacho, who maintained that the Nigerian Correctional Service (NCoS) was providing the Binance executive with the best medical care, claimed that Gambaryan had previously turned down medical care from the State House Clinic in Abuja.
The attorney called the court’s attention to the medical report from the State House Clinic.
He claimed that although Gambaryan’s illness was not as severe as it was made up to be, the report indicated that the defendant was unhappy with and turned down medical care.
The attorney for the anti-graft agency asked the court to reject the new application. He clarified that the NCoS administration received a letter from Nuhu Ribadu, the National Security Adviser, asking for Gambaryan’s medical data.
He claimed that, among other things, the NSA received a response from the NCoS on August 29 along with the Nizamiye Hospital report attached.
He said the investigation showed that Gambaryan has been brought to multiple facilities, including the State House Clinic, and has been receiving proper medical care from the NCoS.
Iheanacho maintained that NCoS had the authority to transport Gambaryan to any hospital in Nigeria and said that doctors could not perform surgery on the defendant against his will.
According to him, Gambaryan “cannot suddenly become sick,” as is purportedly typical with certain individuals facing trials.
Previously, Modi had beseeched the court to grant his client lenient bail conditions or, in the event of his infirmity, to grant him bail for a period of six weeks.
He maintained that despite the EFCC’s alleged denial that Gambaryan had a severe health condition, the exhibits—which included the medical reports—proved that he required medical attention.
The lawyer contended that Nigeria is ill-equipped to handle Gambaryan’s health issue.
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