Court reserves ruling on Binance chief’s fresh bail application

Michael Adeshina

On September 4, 2024, Justice Emeka Nwite of the Federal High Court in Abuja deferred ruling on a new bail application filed by Tigran Gambaryan, an executive of Binance Holdings Limited, until October 9, 2024.

Gambaryan is facing criminal charges alongside the company for tax evasion, currency speculation, and money laundering amounting to $34,400,000.

Defense counsel Mark Mordi, SAN, sought bail for Gambaryan due to his alleged failing health, citing medical reports that demonstrate a serious health issue requiring urgent medical care not available in Nigeria.

However, prosecution counsel Ekele Iheanacho opposed the application, presenting a 28-paragraph counter-affidavit and six exhibits showing that Gambaryan has received adequate medical treatment in Nigerian hospitals.

Iheanacho argued that Gambaryan’s refusal of treatment and medication at the State House Clinic suggests he is healthy and seeking to avoid trial. He urged the court to dismiss the bail application, citing Section 124(1) (a) of the Evidence Act 2011 and the Supreme Court decision in Joshua Dariye vs FRN.

He said: “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.

“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.”

After hearing both counsels, Justice Nwite adjourned the matter until October 9, 2024, for ruling on the bail application and continuation of the trial.