The Economic and Financial Crimes Commission (EFCC) has countered health claims made by the family and legal team of detained Binance executive, Tigran Gambaryan, who is facing money laundering charges in Nigeria.
The family claimed that Gambaryan “can no longer walk” due to health concerns involving a disk issue.
EFCC’s lead counsel, Ekene Iheanacho, informed Justice Emeka Nwite of the Federal High Court in Abuja on September 2, 2024, that the health concerns of the Binance executive were “not as serious” as he has been presenting them.
The opposition was in response to a fresh bail application by Gambaryan’s lawyer, Mark Mordi SAN, seeking his release to attend to his health condition.
Backstory
Gambaryan’s family released a statement on August 26, 2024, stating that he has been in detention for six months and is now suffering severe pain from a herniated disk in his back, allegedly due to being denied access to “appropriate medical care” in Nigeria.
“In detention, he has been denied access to appropriate medical care and is now in so much pain from a herniated disc in his back that he can no longer walk. As he is bed-bound, he has to take blood thinners to avoid blood clots, and the prison doctor has said that his muscles have atrophied,” the family said in a statement.
Nairametrics reports that the Nigerian government had accused Binance and its executives, Tigran Gambaryan and the fleeing Nadeem Anjarwalla, of allegedly conspiring to conceal the origin of financial proceeds from their alleged unlawful activities in Nigeria, including $35,400,000.
Previously, on July 30, 2024, Justice Emeka Nwite of the Federal High Court in Abuja ordered a bench warrant for the arrest of a medical doctor at the health facility of Kuje Correctional Centre, Abraham Ehizojie, for failing to produce the medical report of Gambaryan or appear in court.
Nairametrics previously reported that Justice Nwite had ordered the Nigerian Correctional Service doctor to produce the medical reports of Tigran Gambaryan, warning the correctional service against non-compliance with the court’s directives.
This was after Gambaryan’s lawyer drew attention to his health challenges, noting that he once came to court in a wheelchair.
The judge added that the medical practitioner at the prison service would have to appear in court if the medical report was not produced.
The EFCC counsel, Ekene Iheanacho, had informed the judge that he believed the medical officer would be present in court to address the proceedings.
He also ordered that Gambaryan be taken to 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 October 11, 2024, for the continuation of the trial; however, the proceedings were brought forward to September 2, 2024.
What Transpired in Court
At the proceedings, Gambaryan’s lawyer requested fresh bail for the defendant on the grounds that his health is in jeopardy.
He stated that the bail application was filed on August 28, 2024.
He expressed his desire for the bail application to be heard today, as the medical report of his client has not been provided to him as directed by the court.
Iheanacho stated that he had filed a counter affidavit to the bail application.
He mentioned that the appropriate authorities had given him the medical records, and from the records he reviewed, Gambaryan’s health challenge “is not as serious” as it has been portrayed.
The Binance legal team maintained that the executive’s health is deteriorating, adding, “It is most unfortunate that this is happening in Nigeria today.”
Iheanacho responded, saying, “My Lord, I don’t want to go into detail about this issue. Ordinarily, the defendant has been living with this (disk) condition for the past 12 years before he came to Nigeria. It is not as if it is a new issue.”
The EFCC lawyer emphasized that Nigerian authorities have actually been taking care of him in terms of due diligence, and have taken him to different hospitals, adding that the only problem is the issue of presenting the medical report to the court.
He also submitted that prison officials report that Gambaryan walks within the facility.
“In terms of taking him to different medical facilities, they (prison) have been doing that,” he said.
He argued that it was unfair for Binance to paint the picture of Gambaryan not being properly cared for.
Gambaryan interjected, acknowledging that he has had the (disk) condition for 12 years.
“It was treated, but when the condition goes untreated at a prison or a medical facility, this is what happens. I’ve been complaining about this forever, and nothing was done,” he said in open court, adding that the lack of appropriate treatment has caused permanent nerve damage, resulting in his current state.
Justice Emeka Nwite adjourned the matter to September 4.
More insight
A director from the Securities and Exchange Commission (SEC) informed the court that the Binance platform became a reference point for determining Nigeria’s exchange rate.
SEC is a Federal Government agency responsible for registering all capital market stakeholders, instruments to be traded on the market, and all trading platforms.
Additionally, the SEC makes rules and regulations for the capital market, conducts investigations, enforces compliance, and monitors the market.
Nairametrics reports that a popular method of buying and selling crypto is through Peer-to-peer (P2P) transactions.
In a P2P transaction, the seller and buyer are connected in what can be likened to a marketplace.
Binance and its executives are facing two separate suits by the Federal Inland Revenue Service (FIRS) and EFCC; the former related to tax evasion and the latter to money laundering and foreign exchange contravention.
FIRS has discharged the executives from its case, isolating Binance.
Nairametrics recalls that the executives 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.
However, Gambaryan’s family has raised alarms over his health while urging the EFCC to release him and pursue its case against Binance.
