A medical report from the State House Annex Clinic in Asokoro, Abuja, alleges that detained Binance executive Tigran Gambaryan refused prescribed medications and food when attended to by a neurosurgeon in July 2024.
The report and other medical records were cited at the Federal High Court, Abuja, on September 4, 2024, during bail application arguments between Gambaryan’s lawyer, Mark Mordi, SAN, and counsel for the Economic and Financial Crimes Commission (EFCC), Ekele Iheanacho.
The EFCC had countered health claims made by the family and legal team of the detained Binance executive, who is facing money laundering charges in Nigeria.
Despite the family’s insistence that he “can no longer walk” due to a health condition involving a disk issue, the EFCC contested these claims.
What Transpired in Court
At the resumed proceedings, Justice Emeka Nwite allowed parties to further argue for and against the second bail application by Gambaryan.
Both lawyers addressed the medical reports regarding Gambaryan’s health.
According to the State House Annex Clinic’s medical report dated August 29, 2024, the clinic received a directive on July 17, 2024, to conduct a preliminary medical evaluation on Gambaryan and possibly retrieve him from Kuje Correctional Facility for a more detailed medical examination.
The report, seen by Nairametrics, stated that a medical team comprising a doctor, a nurse, and a support staff was dispatched for the assignment.
The report continued that the team immediately proceeded to Kuje Prison, where they met the patient, who volunteered a medical history of recurrent low back pain for twelve years and an anxiety disorder for which he was receiving treatment.
The report added that, in view of the patient’s medical history and worsening symptoms, a neurosurgeon was called to review the patient on July 18, 2024. The neurosurgeon’s findings were “consistent with the MRI report of early multilevel disc disease with exit nerve root impingement at L4/L5.”
To relieve symptoms and avoid further potential complications, the neurosurgeon placed Gambaryan on medication, advised physiotherapy, and strongly recommended lumbar discectomy surgery as soon as possible, adding that “These findings and recommendations were consistent with those of a second neurosurgeon whose opinion was sought.”
However, the report added that the “patient was dissatisfied with the medical interventions being offered, insisting that a court had ordered that he should be treated at Nizamiye Hospital.” Consequently, he intermittently refused prescribed medications and food to force a transfer out of the facility. He was subsequently discharged and returned to the Nigerian Correctional Service at around 1300 hours on July 21, 2024, with no obvious deterioration in his health during the five-day admission period.”
Another medical report from Nizamiye Hospital Limited was also orally cited by counsel in open court.
The report, dated August 29, 2024, partly reads that “The above-named patient (Gambaryan) was brought to the emergency room on June 3, 2024, on account of left-sided chest pain. He had a history of sinusitis and lung infection prior to his presentation. He had frequent urination but no pain during urination.”
Mark Mordi, SAN, applied for the court to admit the defendant to bail on liberal terms, or alternatively, to admit the defendant to bail for six weeks on the basis of ill health.
He argued that the EFCC purported to deny that the defendant has a serious health issue, but exhibits, including the medical reports, show he needs medical care, citing strongly recommended surgery for his client.
He submitted that the defendant’s health challenge cannot be adequately managed in Nigeria.
On the part of Ekele Iheanacho, he urged the court to dismiss the fresh bail application.
He explained that the National Security Adviser wrote to the Correctional Services requesting the defendant’s medical records.
He added that a response from the Correctional Center was received by the NSA on August 29, 2024, with the attached report of Nizamiye Hospital, among others.
According to him, the report indicated that Mr. Gambaryan has been receiving adequate medical care from the service and has been taken to several hospitals.
He drew the court’s attention to the report, which showed that the patient was dissatisfied with the medical attention being offered and rejected it.
Iheanacho insisted that Nigeria’s Correctional Center has the capacity to take him to any hospital in Nigeria, adding that surgeons cannot force a surgery on the defendant without his consent.
He argued that the defendant “cannot suddenly become sick,” as is allegedly commonplace with some suspects.
Mordi suggested that the court should issue an interim order for the defendant to receive proper care. However, the judge asked if he was being taken to hospitals by the Correctional Center, to which Mordi admitted.
Mordi acknowledged this but added that “What he has been given doesn’t help Gambaryan.”
Relying on the exhibits (medical reports), the judge said he does not think the medical personnel would be careless about the defendant’s health.
He also added that he does not believe that Gwagwalada Hospital, State House Clinic, and other facilities lack the requisite medical expertise to treat him.
Consequently, the judge fixed October 9 for a ruling on the defendant’s bail application and October 11 for further hearing.
He directed the correctional service to continue providing medical attention to him “as the need arises.”
More Insight
A director from the Securities and Exchange Commission (SEC) informed the court that the Binance platform became a reference point for determining Nigeria’s exchange rate. The SEC is a Federal Government agency responsible for registering all capital market stakeholders, instruments to be traded on the market, and all trading platforms. Additionally, the SEC makes rules and regulations for the capital market, conducts investigations, enforces compliance, and monitors the market.
Nairametrics reports that a popular method of buying and selling crypto is through peer-to-peer (P2P) transactions. In a P2P transaction, the seller and buyer are connected in what can be likened to a marketplace.
Binance and its executives are facing two separate suits by the Federal Inland Revenue Service (FIRS) and the EFCC; the former is related to tax evasion and the latter to money laundering and foreign exchange contravention.
FIRS has discharged the executives from its case, isolating Binance.
Nairametrics recalls that the executives also instituted a fundamental rights case against agencies of the Nigerian government, citing a violation of their constitutional right to liberty.
On February 28, Nigerian authorities detained two senior Binance executives: Nadeem Anjarwalla, a 37-year-old British-Kenyan who serves as the regional manager for Africa, and Tigran Gambaryan, a 39-year-old American who is the head of financial crime compliance at Binance.
However, Gambaryan’s family has raised alarms over his health while urging the EFCC to release him and pursue its case against Binance.
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