Justice Emeka Nwite of the Federal High Court, Abuja on Friday has ordered a bench (arrest) warrant on a medical doctor at the health facility of Kuje Correctional Centre, Abraham Ehizojie for failing to produce the medical report of Binance executive, Tygran Gambaryan or show up in court.
Nairametrics reports that the Nigerian government had accused Binance and its executives, Tygran Gambaryan and the fleeing Nadeem Anjarwalla, of allegedly conspiring amongst themselves to conceal the origin of the financial proceeds of their alleged unlawful activities in Nigeria, including $35,400, 000.
The Nigerian authorities said they committed an offense contrary to Section 21 (a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.
What transpired in court
Nairametrics previously reported that Justice Nwite had ordered that the Nigerian Correctional Service doctor to produce the medical reports of the Tigran Gambaryan, warning the correctional service against non-compliance to the court’s directives.
He added that the medical practitioner at the prison service will have to appear in court if the medical report is not produced.
At the proceedings on Tuesday, Gambaryan’s lawyer, Mark Mordi said in open court that the judge’s order had not been complied with.
The judge then asked a prison official who brought the Binance executive to court about the development.
The prison official said he got the court order and delivered the order to the doctor last week Tuesday, adding “He is not here and I expected him to be here.”
The EFCC counsel, Ekene Iheanacho told the judge that he thought that the medical officer will be in court today.
Mordi then said the court should issue a bench warrant against the medical officer of the prison service and that his client be remanded in a hospital immediately so that he can be diagnosed to see what his true state of health is.
“My client came in here in a wheelchair. He has been complaining of back pain.
“We need to be careful of the life in our hands,” Mordi said.
Iheanacho said he does not dispute the fact that the defendant should be given adequate treatment but he has issues with being remanded in hospital custody.
After hearing from the lawyers, Nwite said it is unfortunate that a government institutions will be treating his orders with levity.
“I hereby make an order of bench warrant on the medical doctor at the Kuje Correctional Service, Abraham to appear before this court.
He also ordered that Gambaryan be taken to the Nizamiye hospital for a medical checkup for 24 hours, at any time of his choice but under full security.
The case was then adjourned to 11 October 2024 for continuation of trial.
Earlier, Dr. Olubukola Akinwunmi, Head, of Payment Policy and Regulation Division at the CBN, had told Justice Emeka Nwite of the Federal High Court, Abuja that the Binance platform was not authorized to conduct banking services in Nigeria.
More insights
A director from the Securities and Exchange Commission (SEC) had told the court that the Binance platform became a reference point for determining Nigeria’s exchange rate.
SEC is a Federal Government agency that carries out the registration of all capital market stakeholders, instruments to be traded on the market, and all the trading platforms
In addition, the SEC makes rules and regulations on the capital market, conducts investigations, investigates enforcement as well as monitors the market.
Nairametrics reports that a popular method of buying and selling crypto is through Peer-to-peer, otherwise known as P2P.
The seller and buyer are connected in what can be likened to a marketplace.
Binance and its executives are faced with two separate suits by the FIRS and EFCC; the former bordering on tax evasion while the latter on money laundering and foreign exchange contravention.
Nairametrics recalls that the executives have also instituted a fundamental rights case against agencies of the Nigerian government, citing a violation of their constitutional right to liberty.
On February 28, Nigerian authorities detained two senior Binance executives, Nadeem Anjarwalla, a 37-year-old British-Kenyan who serves as the regional manager for Africa, and Tigran Gambaryan, a 39-year-old American who is the head of financial crime compliance at Binance.
But Gambaryan’s family had raised alarm over his health while urging the EFCC to free him and follow up on its case with Binance.
