Taiye Agbaje
Tigran Gambaryan, the Binance Holdings Limited cryptocurrency firm’s executive standing trial alongside the company in Nigeria, is very ill and requires comprehensive medical attention to avoid his death in Kuje prision where he is presently being held, his lawyers have cried out.
The legal firm defending the American in Nigeria, Aluko,
Oyebode and Co raised the alarm in a letter to the Deputy Chief Registrar of
the Federal High Court (FHC) and signed by its Partner, C.J. Caleb.
The letter, dated and filed on May 23, which was sighted on
Sunday, was titled: “Re: Charge No: FHC/ABJ/CR/128/2024 – Application for the
Provision of Medical Treatment to Mr. Tigran Gambrayan at Nizamiye Hospital.”
The letter indicated that Gambaryan broke down on Wednesday
(May 22) in prison and was administered with “Intravenous (IV) treatment for
malaria” by the medical personnel.
It also indicated that the defendant suffered from throat
infection as a result of the ongoing renovation works at the Kuje Medium
Correctional Facility
It added that as a result, the prison is not best suited for
his medical treatment and instead, will requires comprehensive medical
attention at the best available hospital within the jurisdiction of the court.
“The applicant broke down yesterday and the medical facility
gave him Intravenous (IV) treatment for malaria,” he said
The lawyer, therefore, raised the alarm over Gambaryan’s continuous
remand in the correctional facility expressing fear for his life amidst his
alleged deteriorating health.
Caleb said: “We continue to act as counsel to Mr. Tigran
Gambaryan, the 2nd defendant in the captioned suit pending before the
Honourable Justice E. Nwite sitting at Court 9 of the Federal High Court,
Abuja.”
He said Gambaryan, the Head of Financial Crimes Compliance
of the cryptocurrency platform, broke down on Wednesday (May 22) in prison and
was administered with “Intravenous (IV) treatment for malaria” by the medical
personnel.
“Please be informed that the 2nd defendant, who is an
American citizen and remanded at the Kuje Medium Correctional Facility is very
ill and requires comprehensive medical attention at the best available hospital
within the jurisdiction of this honourable court.
“The applicant broke down yesterday and the medical facility
gave him Intravenous (IV) treatment for malaria,” he said.
The lawyer, therefore, raised the alarm over Gambaryan’s
continous remand in the correctional facility expressing fear for his life
amidst his alleged deteriorating health.
“The Consul Officer at the United States Consul Office in
Abuja, emphasised the need for the applicant to receive comprehensive treatment
because malaria is a severe disease for American citizens which can result in
death because they do not have the immunity that ordinary Nigerians have
against the disease,” he said in the letter.
Caleb, who said the defendant equally suffered from throat
infection, added that “the Kuje Medium Correctional Facility is currently
undergoing renovation works.”
“It is therefore not best suited for the medical treatment
of the applicant,” he said.
According to him, given the above, we humbly apply that the
applicant be transferred to Nizayime Hospital, Abuja to receive comprehensive
diagnoses and treatment for the preservation of his Ife.
“We kindly request that this application be drawn to the
attention of the court.
“We look forward to a favourable consideration,” he said.
NAN observes that the letter came six days after Justice
Emeka Nwite of a FHC declined to grant Gambaryan’s bail application moved by a
lawyer in the defence team, Mark Mordi, SAN.
Justice Nwite had held that based on the affidavit evidence
before him, Gambaryan would jump bail if the application was granted.
The judge held that the Economic and Financial Crimes
Commission (EFCC) had overwhelming evidence against the applicant that he was a
flight risk.
Justice Nwite ordered him to remain in remand throughout the
hearing and determination of the alleged money laundering and terrorist
financing charges.
NAN reports that on Thursday when the matter came up, the
ailing Gambaryan collapsed in the open court over alleged ill-health.
The development occurred shortly after the matter was called
for trial continuation before Justice Nwite.
His lawyer, Mr Mordi, explained to the court why his client
could not stand as soon as the matter was called.
Mordi said Gambaryan had been indisposed and a written
application letter had been filed to notify the court of his failing health.
The lawyer, who sought an adjournment, also prayed for an
order, directing the Nigerian Correctional Service (NCoS) to release his
client’s medical examination conducted some days ago.
Although the EFCC’s lawyer, Ekele Iheanacho, did not oppose
giving Gambaryan proper medical attention, he opposed to a plea that the court
should specifically directed the NCoS to take him to Nizayime Hospital.
The lawyer also said that the NCoS should also ensure that
Gambaryan was well secured to guard against escaping from hospital.
In his ruling, the judge said: “An order of this honourable
court is hereby made that the 2nd defendant be allowed to be treated in
Nizayime Hospital or any other hospital within jurisdiction which the
Correctional Service Centre deems fit provided the Correctional Service
Authority shall provide adequate security for the 2nd defendant within the
period the 2nd defendant stays in the hospital.”
He also ordered the NCoS to make available the result of the
medical examination to parties in the charge.
Justice Nwite subsequently adjourned the matter until June
20 and June 21 for cross-examination of the 1st prosecution witness (PW1) and a
Director with the Security and Exchange Commission (SEC), Abdulkadir Abbas.
It would be recalled that Abbas had, on May 17, revealed how
Binance breached the Nigerian law, operated naira peer-to-peer services in
exchange of crypto assets to devalue the Nigerian currency.
The witness, who is a Director of Registration, Exchanges
and Market Infrastructure Department at SEC, disclosed this while testifying
before the judge.
NAN reports that the EFCC had sued Binance Holdings Limited
and Gambaryan as 1st and 2nd defendants.
In the five-count charge, Nadeem Anjarwalla, a
British-Kenyan Regional Manager for Africa of the company, was listed as being
at large.
They were accused to have allegedly conspired amongst
themselves to conceal the origin of the financial proceeds of their alleged
unlawful activities in Nigeria including 35,400, 000 dollars.
They were alleged to have committed the offence contrary to
Section 21 (a) and punishable under Section 18(3) of the Money Laundering
(Prevention and Prohibition) Act, 2022, among others.
However, Anjarwalla escaped from lawful custody on March 22
and fled Nigeria to Kenya.
NAN equally reported that the alleged tax evasion four-count
charge filed by the Federal Inland Revenue Service (FIRS) against Binance
Holdings Limited and Gambaryan could not proceed on Wednesday due to his
absence in court. NAN