There was a mild drama at a Federal High Court in Abuja, yesterday, as the detained Binance Holdings Limited’s executive, Tigran Gambaryan, was conspicuously absent for his trial.
Justice Emeka Nwite had, on October 11, fixed October 18 for the continuation of trial in the alleged money laundering charge preferred against Binance Ltd and its country representative, Gambaryan, by the Economic and Financial Crimes Commission (EFCC). The development followed the rejection of Gambaryan’s second bail application by Justice Nwite. However, when the matter was called, all the counsel to 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 to Binance, Tonye Krukrubo, SAN, equally expressed worry over the absence of Gambaryan in court.
He said the EFCC should be able to tell 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 the 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 although 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.
