Justice Emeka Nwite of the Federal High Court in Abuja, on Thursday, ordered the treatment of the detained Binance executive, Tigran Gambaryan, in a private hospital.
The judge directed the correctional centre to take him for treatment “at Nizayime Hospital or any other hospital within the jurisdiction which the Correctional Service Centre deems fit, provided the Correctional Service Authority shall provide adequate security for the 2nd defendant within the period the 2nd defendant stays in the hospital.”
Thursday proceeding had taken a dramatic turn when Gambaryan collapsed in court.
Shortly after the matter was called by the court registrar for continuation of trial, the defendant did not step forward into the dock.
He remained seated at the back as usual.
The trial judge, Justice Nwite, curious, asked where the 2nd defendant (Gambaryan) was.
One of the lawyers in the defence team, who sat beside Gambaryan, assisted him by the side, while leading him by the hand towards the dock.
As they walked slowly to the dock, Gambaryan slumped and the lawyer assisted him to sit in the front row seat.
His lawyer, Mark Mordi (SAN), told the court Gambaryan “has been indisposed and a written application letter has been filed to notify the court of this.”
“My Lord, the case may not certainly proceed today,” he said.
All through the proceeding, Gambaryan rested on the arm of the chair where he sat.
Mordi told the court that his client was suffering from a deteriorating health condition which needed prompt medical attention.
He moved a motion seeking an order of the court to order the correctional centre to allow Gambaryan to be treated in Nizayime Hospital, in Abuja.
EFCC’s counsel, Ekele Iheanacho, did not object that Gambaryan be taken to a hospital for treatment.
He, however, opposed why Mordi had to specifically request that he be treated in Nizayime Hospital.
Responding, Mordi said they were interested in a medical facility where his client would be properly taken care of.
He added that the company would pay for the treatment.
He said his client was worth more to them alive, adding that only a person who is living can stand trial.
He also applied for the medical report of the medical examination conducted on Gambaryan by the prison authority.
Iheanacho insisted that the court should be mindful of making a specific order directing the correctional centre to allow him to be treated in the chosen Nizayime Hospital.
He argued that the centre should take him to any hospital that would attend to him adequately so long as the authority could ensure his security.
He also applied for the medical report to be issued and delivered to the EFCC.
Mordi, after listening to Iheanacho, rephrased his request and appealed to the court to make an order allowing his client to be treated in Nizayime Hospital or any other hospital which the correctional centre deemed.
Justice Nwite, after listening to both parties, granted Mordi’s request.
He ordered the management of the Nigerian Correctional Service, to take Gambaryan, to Nizayime hospital for treatment.
“An order of this honourable court is hereby made that the 2nd defendant be allowed to be treated in Nizayime Hospital or any other hospital within jurisdiction which the Correctional Service Centre deems fit provided the Correctional Service Authority shall provide adequate security for the 2nd defendant within the period the 2nd defendant stays in the hospital,” he said.
The judge also ordered the correctional service authority to issue and deliver to both the prosecution and defendant’s counsel Gambaryan’s medical report based on the medical examination conducted on him fortnight ago.
Recall that, yesterday May 22, Gambaryan, was absent for his arraignment in the tax evasion charge filed by the Federal Inland Revenue Service, against him, his colleague, Nadeem Anjarwalla (currently on the run) and their Crypto-exchange firm, Binance Holdings Limited.
His absence stalled the arraignment.
Meanwhile, at the last sitting, Justice Nwite, had dismissed Gambaryan’s bail application on the ground that the EFCC had been able to establish that he pose flight risk in same manner as Anjarwalla.
Gambaryan, Anjarwalla and Binance Holdings Limited, are facing money laundering and terrorism financing charges, brought against them by the Economic and Financial Crimes Commission.