The absence of Justice Emeka Nwite of a Federal High Court in Abuja, on Wednesday, stalled the ruling in a fresh bail application filed by the detained Binance Holdings Limited's executive, Tigran Gambaryan.
The matter, which was fixed for ruling on Gambaryan's bail request, could not proceed as Justice Nwite was said to have gone for the ongoing seminar at the National Judicial Institute (NJI), Abuja. The ruling was subsequently fixed for October 11.
The News Agency of Nigeria (NAN) reports that counsel to the Economic and Financial Crimes Commission (EFCC), Ekele Iheanacho, SAN, had, on September 4, vehemently opposed the bail application moved by Mark Mordi, SAN, on Gambaryan's behalf.
Iheanacho, who argued that the Binance executive was being given the best medical treatment by the Nigerian Correctional Service (NCoS), alleged that Gambaryan, at one time, rejected the medical intervention by the State House Clinic in Abuja.
The lawyer drew the attention of the court to the State House Clinic's medical report. He stated that despite that Gambaryan's ill health was not as bad as it was being portrayed, the report showed that the defendant was dissatisfied with the medical attention being offered and rejected it.
The anti-graft agency's lawyer urged the court to dismiss the fresh application. He explained that the National Security Adviser (NSA), Nuhu Ribadu, wrote to the management of the NCoS, requesting Gambaryan's medical records.
He said that a response from the NCoS was received by the NSA on August 29 with the attached report of Nizamiye Hospital, among others. According to him, the report indicated that Gambaryan has been receiving adequate medical care from the NCoS and has been taken to several hospitals, including the State House Clinic.
Iheanacho insisted that NCoS could take Gambaryan to any hospital in Nigeria, adding that surgeons cannot force surgery on the defendant without his consent. He said Gambaryan "cannot suddenly become sick," as is allegedly commonplace with some suspects facing trial.
Earlier, Mordi had prayed the court to admit his client to bail on liberal terms, or alternatively, to admit him to bail for six weeks on the basis of ill health. He argued that though the EFCC purportedly denied Gambaryan had a serious health issue, the exhibits, including the medical reports, showed that he needed medical care.
The lawyer argued that Gambaryan's health challenge cannot be adequately managed in Nigeria.
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