Justice Emeka Nwite of the Federal High Court, Maitama, Abuja on Wednesday, September 4, 2024 deferred ruling on a fresh bail application, filed by Tigran Gambaryan, an executive of Binance Holdings Limited till October 9, 2024.
Gambaryan, the second defendant is facing criminal prosecution by the Economic and Financial Crimes Commission, EFCC alongside the company on a five-count charge, bordering on tax evasion, currency speculation, and money laundering to the tune of $34,400,000.
Defence counsel, Mark Mordi, SAN had at the resumed sitting prayed the court in a fresh bail application to admit Gambaryan to bail on liberal terms for six weeks to enable him take proper care of his alleged failing health, arguing that even though the prosecution objects, exhibits, including the medical reports show that his client has a serious health issue and needed urgent medical care, which cannot be adequately managed in Nigeria.
However, prosecution counsel, Ekele Iheanacho, opposed the fresh bail application with a 28-paragraph counter-affidavit alongside six exhibits which established that Gambaryan was healthy, having been adequately taken care of in good Nigerian hospitals.
“My lord you will see that the responses from Nigerian Correctional Service (NCS) as well as the Nigerian Intelligence Agency (NIA) show that the second defendant has been receiving very adequate medical treatments. He has been seen by different medical specialists from the teaching hospital in Gwagwalada. He was taken to Nizamiye Hospital Ltd. He was again taken to the State House Annex Clinic which his counsel even described as amongst the best in Nigeria,” Iheanacho said.
Speaking further, the prosecution counsel said, “My noble lord will see from the exhibit attached that at the State House Clinic, he was seen by different specialists and different medical evaluation and treatment were carried out on him. Unfortunately, the report shows that he refused the treatment, medication, and the food offered to him at the medical clinic so as to force himself out of the facility. It was his stubbornness that made the clinic discharge and return him to the NCS. These reports show that the second defendant is healthy and receiving proper medical attention. My noble lord, you can take a horse to the stream, but you cannot force it to drink water. I also urge my noble lord to take judicial notice of the fact that defendants in high-profile offences in Nigeria usually develop sudden sickness in a bid to truncate trial.”
Iheanacho who buttressed his position with Section 124(1) (a) of the Evidence Act 2011 and the Supreme Court decision in Joshua Dariye vs FRN also drew the attention of the court to the defendant’s appeal against his earlier bail denial by the trial court, saying, “it is therefore an abuse of court process for the second defendant to still be arguing bail again.”
He therefore urged the court to dismiss the fresh bail application.
“We therefore urge my lord to dismiss and refuse this application,” he said.
After listening to both counsels, Justice Nwite adjourned the matter till October 9, 2024, for ruling on the fresh bail application and continuation of trial.
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