A mild drama unfolded at the Federal High Court in Abuja on Friday when Tigran Gambaryan, an executive of Binance Holdings Limited, was notably absent from his trial.
Justice Emeka Nwite had scheduled the continuation of the trial for October 11, focusing on alleged money laundering charges brought against Binance Ltd and Gambaryan by the EFCC.
This came after Justice Nwite denied Gambaryan’s second bail application.
When the case was called on Friday, all legal representatives were present except for Gambaryan.
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The judge inquired about his absence from Gambaryan’s lawyer, Mark Mordi, SAN, who expressed uncertainty regarding his client’s whereabouts.
Ekele Iheanacho, SAN, representing the EFCC, also voiced surprise at Gambaryan’s absence.
He requested a brief recess to allow them to investigate with the Nigerian Correctional Service (NCoS) regarding the situation.
Similarly, Tonye Krukrubo, SAN, counsel for Binance, raised concerns about Gambaryan’s absence, suggesting that the EFCC should provide clarity on the matter.
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“He is in their custody. It is funny they are saying they do not know his whereabouts,” he said.
“Was it not taken to the correctional centre in the day the matter was adjourned,” the judge asked.
Justuce Nwite then asked the NCoS officer who was in court why Mr Gambaryan was not produce for his trial.
“Yes, my lord, he was taken to our custody,” the officer said in the open court.
“Did you not know his whereabouts,” Justice Nwite further asked.
“He is in our custody,” the officer insisted.
The judge, who asked him who was in-charge-of the Kuje Correctional Centre, directed the officer to put a telephone call to him.
“Call him and tell him the court is worried about his whereabouts,” the judge added
Justice Nwite then adjourned the matter briefly.
When the court reconvened, he inquired about the findings from the NCoS officer.
The officer reported that he had contacted his superior for information.
“I was told that he (Gambaryan) is very sick and that is why he could not be produced in court,” he responded.
Mr Mordi, who appeared for Mr Gambaryan, prayed the court for an adjournment.
“I urge for a date next week if only to report on the 2nd defendant’s state of health.
“This will allow parties to take necessary steps to ensure that the defendant is given the medical care required,” he said.
Mr Iheanacho did not oppose Mr Mordi’s oral application.
The lawyer said though he would have wanted the matter to proceed since their witness was in court, “we are also of concern about the defendant’s health status.”
“We are very concerned about the issues of health.”
The judge subsequently adjourned the matter until Oct. 25 for a report about Gambaryan’s health.