The Nigeria Correctional Service (NCS) told Justice Emeka Nwite of the Federal High Court in Abuja during the resumed trial on Friday that Gambaryan was critically sick and could not be produced in court for his trial.
The trial of Binance executive, Tigran Gambaryan has been adjourned to October 25 following his absence in court on Friday.
The Nigeria Correctional Service (NCS) told Justice Emeka Nwite of the Federal High Court in Abuja during the resumed trial on Friday that Gambaryan was critically sick and could not be produced in court for his trial.
According to News Agency of Nigeria, there was a mild drama during the resumed trial at the court on Friday following his absence.
The trial judge had, on October 11, fixed Friday, October 18, for the continuation of the trial in the alleged money laundering charge preferred against Binance Ltd and its country representative, Gambaryan, by the Economic and Financial Crimes Commission (EFCC) on behalf of the Federal Government of Nigeria.
The court October 11 refused to admit him of bail despite repeated appeal that the accused, an American citizen, was sick.
However, when the matter was called on Friday, all the counsel for the parties in the case were in court except the second defendant, Gambaryan.
The judge then asked Gambaryan’s lawyer, Mark Mordi, SAN, about the whereabouts of his client.
Mordi said he did not know why his client was not in court. Also, the EFCC’s lawyer, Ekele Iheanacho, SAN, said he was surprised Gambaryan was not in court.
Iheanacho therefore sought a stand-down to enable them to inquire from the management of the Nigerian Correctional Service (NCoS) on what went wrong.
Counsel for Binance, Tonye Krukrubo, SAN, equally expressed worry over the absence of Gambaryan in court.
He said the EFCC should be able to tell the court why he was not in court.
“He is in their custody. It is funny they are saying they do not know his whereabouts,” he said.
“Was he not taken to the correctional centre on the day the matter was adjourned?” the judge asked.
Justice Nwite then asked the NCoS officer who was in court why Gambaryan was not produced for his trial.
“Yes, my lord, he was taken to our custody,” the officer said in open court.
“Did you not know his whereabouts?” Justice Nwite further asked.
“He is in our custody,” the officer insisted.
The judge, who asked him who was in charge of the Kuje Correctional Centre, directed the officer to put a telephone call to him.
“Call him and tell him the court is worried about his whereabouts,” the judge added.
Justice Nwite then stood down the matter.
Meanwhile, when the court reconvened, Justice Nwite asked the NCoS officer about his findings.
The officer said he had been able to get in touch with his boss.
“I was told that he (Gambaryan) is very sick and that is why he could not be produced in court,” he responded.
Mordi, who appeared for Gambaryan, prayed the court for an adjournment.
“I urge for a date next week if only to report on the second defendant’s state of health.
“This will allow parties to take necessary steps to ensure that the defendant is given the medical care required,” he said.
Iheanacho did not oppose Mordi’s oral application.
The lawyer said though he would have wanted the matter to proceed since their witness was in court, “we are also concerned about the defendant’s health status.”
“We are very concerned about the issues of health.”
The judge subsequently adjourned the matter until October 25 for a report about Gambaryan’s health.
SaharaReporters reported on September 13 that Gambaryan had decried the alleged inhumane treatment meted out to him by the Nigerian authorities.
Tigran’s wife had raised concerns about his deteriorating health after months in detention.
Gambaryan was detained on February 26, 2024, and his family is seeking an urgent intervention to address his situation.
In a recent statement released to media through Mondo-Advisory, the family revealed that Gambaryan's health had severely declined, leaving him bedridden and in urgent need of medical attention.
The statement had highlighted that his legal team faced restricted access, hindering trial preparation, and that the US Embassy in Nigeria had lost access to him.
However, the EFCC had described claims by Gambaryan’s family regarding his health as not as serious as presented.
EFCC’s lead counsel, Ekene Iheanacho, had told Justice Nwite that the health concerns of the Binance executive were “not as serious” as had been presented.