Again, court denies detained Binance executive, Tigran Gambaryan bail

Tigran Gambaryan, the detained Binance’s head of financial compliance has been denied bail by the Federal High Court in Abuja for a second time. Justice Emeka Nwite, who presided over his bail trial today ruled that the Nigerian Correctional facility (prison) where he is being held is capable of meeting his medical needs.

“There is no evidence before this court that the Nigerian Correctional Service cannot handle the health challenges of the accused,” Judge Nwite said in his ruling. He also said Gambaryan had not withdrawn an appeal against a previous bail ruling in May. Hence, his new bail application amounts to an “abuse of judicial process” and to admit the accused to bail while an appeal is pending at the court of appeal.

Recall that Tigran Gambaryan 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 last month.

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.

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!”

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.

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.”

The judge adjourned the trial to Oct. 18 after Gambaryan’s lawyer cross-examined two state witnesses.

Now that the judge has deferred a decision on the bail application until next week, the Binance executive will be spending more time at the Kuje Prison where his health has reportedly deteriorated.

Tigran Gambaryan’s wife reacts

In response, Gambaryan’s wife, Yuki Gambaryan said that her husband should not be in detention because he was never a decision-maker at Binance.

In a statement shared with Technext, she also claimed that the allegations Tigran is standing trial for and the decision to deny him bail goes against common practice in Nigeria.

“We all know that Tigran was never a decision-maker at Binance and that he is entirely innocent but I am not surprised by this decision. It is completely unjust to deny someone in Tigran’s condition the opportunity to seek appropriate medical help and I just pray that when he is finally released the damage he is suffering is not permanent.“

She also promised to continue to fight for his freedom: “I am exhausted and deeply disappointed, but I will continue fighting for my husband’s rightful freedom.”

In a separate reaction, global crypto company, Binance expressed deep disappointment by the court’s decision to deny Tigran bail, particularly given his deteriorating health. “Tigran did not go to Nigeria as a decision-maker and there is no good reason to continue to hold him. We are committed to working with the Nigerian government to resolve issues, but Tigran must be allowed to go home”, the company’s spokesperson said in an official email to Technext.