By Adedapo Adesanya
Justice Emeka Nwite of the Federal High Court in Abuja has rejected the fresh bail application by detained Binance executive, Mr Tigran Gambaryan.
The judge made the decision during his ruling on Friday, October 11, 2024.
On September 4, 2024, the Abuja court heard arguments regarding Mr Gambaryan’s new bail application between his lawyer, Mr Mark Mordi and the counsel for the Economic and Financial Crimes Commission (EFCC), Mr Ekele Iheanacho.
It was argued that Mr Gambaryan refused prescribed medications and food when attended to by a neurosurgeon in July 2024.
The EFCC submitted evidence and countered health claims made by the family and legal team of the detained executive, who is facing money laundering charges in Nigeria.
The EFCC also countered the health condition that Gambaryan can no longer walk due to a health condition involving a disk issue.
Mr Mordi applied for the court to admit the defendant to bail on liberal terms, or alternatively, to admit him to bail for six weeks on the basis of ill health.
He argued that the EFCC purportedly denied the defendant has a serious health issue, but exhibits, including the medical reports, show he needs medical care, citing strongly recommended surgery for his client.
He submitted that the defendant’s health challenges cannot be adequately managed in Nigeria.
The EFCC counsel, Mr Iheanacho urged the court to dismiss the fresh bail application, stating that Mr Gambaryan had filed an appeal against the first bail request that was rejected by the court.
He explained that the National Security Adviser (NSA) wrote to the Correctional Services requesting the defendant’s medical records.
He added that a response from the Correctional Center was received by the NSA on August 29, 2024, along with a report from Nizamiye Hospital, among others.
Judge Nwite on Friday held that it is not in dispute that Mr Gambaryan’s first bail application, which concerns health, has been appealed.
He stated that the current bail application amounts to an abuse of the court process because Gambaryan has a pending appeal against the refusal of the first bail.
He added that there are no new facts in the fresh bail application regarding medical care, as the EFCC has shown that Nigerian authorities and hospitals are capable of treating Gambaryan.
He said that since an appeal has been filed, a lawyer is restrained from re-litigating, especially having not withdrawn that appeal.
“On this leg alone, this bail application is bound to fail,” he said.
Furthermore, Mr Nwite claimed that renowned Nigerian medical experts are already managing Mr Gambaryan’s health.
However, the court ordered the Nigerian Correctional Service to refer Mr Gambaryan to any standard hospital in Abuja under security supervision.
