BY ANDREW OROLUA
Justice Emeka Nwite of the Federal High Court, Abuja on Tuesday issued a bench warrant to arrest a medical doctor at the health facility of Kuje Correctional Centre, Dr. Abraham Ehizojie for failing to produce medical reports of Binance Executive, Tygran Gambaryan standing trial before the court.
The Federal Government had accused Binance and its executives, Tygran Gambaryan and the fleeing Nadeem Anjarwalla, of allegedly conspiring amongst themselves to conceal the origin of the financial proceeds of their alleged unlawful activities in Nigeria, including $35,400, 000.
The offence allegedly committed is contrary to Section 21 (a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.
During the previous sitting, the trial court judge Nwite had ordered the Nigerian Correctional Service medical director to produce the medical reports of the Tigran Gambaryan, and warned the correctional service against non-compliance to the court’s directives.
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He added that the medical practitioner at the prison service will have to appear in court if the medical report is not produced.
At the proceedings on Tuesday, Gambaryan’s lawyer, Mark Mordi said in open court that the judge’s order has not been complied with.
The judge then asked a prison official who brought the Binance executive to court about the development.
The prison official said he got the court order and delivered the order to the doctor last week Tuesday, adding “He is not here and I expected him to be here.”
The EFCC counsel, Ekele Iheanacho told the judge that he thought that the medical officer will be in court today.
Mordi then said the court should issue a bench warrant against the medical officer of the prison service and that his client be remanded in a hospital immediately so that he can be diagnosed to see what his true state of health is.
“My client came in here on a wheel chair.
He has been complaining of a back pain.
“We need to be careful of the life in our hands,” Mordi said.
Iheanacho said he does not dispute the fact that the defendant should be given adequate treatment but he has issues with he being remanded at a hospital custody.
After hearing from the lawyers, Nwite said it is unfortunate that a government institution will be treating his orders with levity.
“I hereby make an order of bench warrant on the medical doctor at the Kuje Correctional Service, to appear before this court.
He also ordered that Gambaryan be taken to the Nizamiye hospital for medical check for 24 hours, at any time of his choice but under full security covers.
The case was then adjourned to 11 October 2024 for continuation of trial.
Earlier, Dr. Olubukola Akinwunmi, Head, Payment Policy and Regulation Division at the CBN, had told Justice Emeka Nwite of the Federal High Ciurt, Abuja that the Binance platform was not authorized to conduct banking services in Nigeria.
A director from the Securities and Exchange Commission (SEC) had also told the court that the Binance platform became a reference point for determining Nigeria’s exchange rate.
SEC is a Federal Government agency that carries out registration of all capital market stakeholders, instruments to be traded on the market, and all the trading platforms.
In addition, the SEC makes rules and regulations on the capital market, conducts investigations, investigates enforcement as well as monitors the market.
He said that a popular method of buying and selling crypto is through Peer-to-peer, otherwise known as P2P.
The seller and buyer are connected in what can be likened to a marketplace.
Binance and its executives are faced with two separate suits by the FIRS and EFCC; the former bordering on tax evasion while the latter on money laundering and foreign exchange contravention.
Recall that the executives have also instituted a fundamental rights case against agencies of the Nigerian government, citing a violation of their constitutional right to liberty.
The 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 were detained on February 28, 2024 for the alleged offences.
While Anjarwalla escaped from custody, Gambaryan’s family continue to raise alarm over his health urging the EFCC to free him and follow up on its case with Binance.
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