A Federal High Court in Abuja has deferred a decision on the bail application by Tigran Gambaryan, Binance’s head of financial compliance. After a hearing today, Justice Emeka Nwite fixed October 9 to rule on the bail application on medical grounds brought before the court by the detained Binance executive.
Recall that Tigran has been in detention since February and his health has reportedly deteriorated in the infamous Kuje prison where he’s being incarcerated. Due to worsening health conditions, his lawyers filed a new bail application for him on medical grounds during the court hearing on Monday.
However, the EFCC prosecutor opposed the application and the case was adjourned till today.
Now, reports have said the judge has deferred a decision on the bail application to next month. This means that Tigran Gambaryan will be spending more time at the Kuje Prison where his health has deteriorated till October 9 at least.
Related post: Online reactions trail video of Binance’s Tigran Gambaryan struggling in court
What transpired during the court session
According to a report by DailyCoin, Tigran’s lawyer, Mark Mordi requested full bail or a six-week bail for urgent medical care, in the court on Wednesday.
He argued that Tigran requires intervention from an orthopaedic surgeon and a psychiatrist, citing a July 18 medical report from the State House Annex clinic, in which a neurosurgeon recommended that the Binance executive undergo lumbar surgery as soon as possible.
The attorney stated that Gambaryan’s condition exceeded the scope of what the Nigerian Correctional Service could handle. Also, he argued that the Correctional Service and the prosecution had shown gross negligence.
“We are treating him like he is a container of goods. It is of no use to anybody, neither them nor us if he dies.” Mordi submitted, pleading for Justice Emeka Nwite to grant the bail.
On the flip side, the EFCC lawyer, Emeka Iheanacho argued against the bail application. He maintained that contrary to claims made by the defence, Tigran’s condition was not beyond the capacity of the Correctional Service. He pointed out that Gambaryan’s struggles with anxiety and with his spine were historical medical conditions.
Additionally, Emeka claimed that Gambaryan was the one who had refused treatment, pointing out an alleged scenario where Tigran Gambaryan had been taken to two neurosurgeons for his herniated disk condition who were unable to treat him because of his alleged resistance.
These arguments elicited a reaction from Gambaryan, who cried, “It’s a lie!”
Nevertheless, Iheanacho submitted:
“They [the Nigerian Correctional Service] cannot force the defendant to undergo treatment.”
Also, Emeka Iheanacho suggested that the defendant was likely exaggerating his symptoms, pointing to the recurring theme of high-profile defendants feigning illness to avoid prosecution in Nigeria.
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This statement elicited an objection from Mordi, who pointed to the prosecution’s medical report, which suggested that Tigran Gambaryan indeed needed surgery. Nonetheless, Iheanacho maintained that Gambaryan’s claims of bad health were not enough to warrant bail.
“Mere argument of bad health is not sufficient for the application of bail. It is our submission that there is no evidence that he cannot be treated in the facility. The request for bail can not be granted.”
Tigran Gambaryan’s case adjourned
Ultimately, Justice Nwite called for more time to rule on the matter. When Gambaryan’s lawyer, Mordi, reminded him that the herniated disk condition was degenerating, the judge stated that his hands were tied and there was nothing he could do.
Mordi further pressed that the medical efforts at the Kuje Prison were proving insufficient, as evidenced by the condition of his client, who had to be brought into the courtroom in a wheelchair.
In response, Justice Nwite offered an oral ruling requiring the Correctional Service to cater to Gambaryan’s medical needs.
“The correctional service facility should make available any medical treatment as the need arises.”
Justice Nwite adjourned the hearing to October 9.
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