Tigran Gambaryan, the executive of Binance, was denied bail by a Nigerian court on the grounds that he was not in good enough health to be released despite ongoing charges of money laundering and uncertainties regarding his health.
Tigran Gambaryan, a senior executive at Binance who has been detained since February 2024 on allegations of money laundering, requested new bail, but the Federal High Court in Abuja has denied it.
On October 11, 2024, Justice Emeka Nwite issued a no-bail ruling in response to tense exchanges between the Economic and Financial Crimes Commission (EFCC) and Gambaryan’s defense team regarding allegations regarding the latter’s health and the need for his prolonged custody.
Tigran Gambaryan Detention: Nigerian Court Denied Bail
According to a local source, Tigran Gambaryan’s legal team, led by Senior Advocate of Nigeria (SAN) Mark Mordi, had earlier filed a fresh bail application because his client’s health had worsened while in detention.
The defense contended that Gambaryan required surgery as well as mental health treatment for anxiety and depression due to a serious medical condition, namely a herniated disc.
They argued that the detention facilities in Nigeria could not effectively treat these conditions, and they requested a six-week bail period so that he could travel overseas for specialized care.
Binance exec Tigran Gambaryan submitted a new bail application on medical grounds, but Nigeria's economic crimes agency opposed it.https://t.co/YNEapLyp2g
— Cryptonews.com (@cryptonews) September 3, 2024
During the September 4, 2024, hearing, Mordi provided medical reports, contended that Gambaryan’s condition had substantially worsened since his incarceration started, and urged an immediate need for medical attention.
“His condition is critical, and failure to provide him with immediate medical attention could lead to irreversible harm.”
He begged the court to set “liberal terms” for bail or, at the very least, to set a six-week bond so that he could get the necessary medical care abroad.
But the EFCC, through attorney Ekele Iheanacho, contested the bail request, claiming Gambaryan’s medical claims were overstated.
Medical records from the State House Clinic and Nizamiye Hospital, where Gambaryan had received treatment, were among the counterevidence presented by Iheanacho.
The main thrust of the EFCC’s case was that Gambaryan did not urgently need to leave Nigeria for treatment because Nigerian hospitals could adequately handle his condition.
He went on to say that Gambaryan had rejected medication and other medical treatments, raising doubts about the seriousness of his illness and raising the possibility that his medical problems were being exploited as a ruse to get release on bond.
Iheanacho also brought up the fact that Gambaryan’s first bail request, which was also rejected by the court due to health issues, was still under appeal at the Court of Appeal.
Because the same issues were being re-litigated without the earlier appeal being withdrawn, he contended that the new bail application constituted an abuse of the legal system.
Judge’s Ruling: Abuse of Process and Adequate Medical Care
In delivering his decision, Justice Emeka Nwite sided with the EFCC’s position, stressing that the new bail application amounted to a procedural abuse.
Nwite pointed out that Gambaryan’s initial bail request, which also mentioned health issues, was still pending on appeal, had not been withdrawn, and that a fresh request would not be granted.
“There is no gainsaying on this leg alone that this application is bound to fail. It is well established that a lawyer cannot re-litigate a matter that is already under appeal unless the earlier application has been withdrawn.”
After considering the medical evidence put forth by both parties, the judge came to the conclusion that there was no evidence that Gambaryan’s health could not be adequately managed in Nigeria.
He cited the reports from Nizamiye Hospital and the State House Clinic, which showed that Gambaryan had been getting regular medical attention.
The reports, the court ruled, demonstrated that he had been fully engaged and given the necessary treatment, refuting the claim that his health was failing to the point where he needed treatment overseas.
However, the judge directed the Nigerian Correctional Service (NCoS) to send Gambaryan to a regular hospital in Abuja for additional assessment and treatment, if required, under security supervision, in order to make sure his medical needs were being met.
The following hearing has been set by the court for October 18, with additional dates set for November 22 and November 25, 2024. Gambaryan’s health issues and ongoing legal battles have him detained for the time being.