This ruling, delivered by Justice Emeka Nwite on Wednesday, was primarily based on health issues that were supported by the EFCC itself.

Tigran Gambaryan of Binance, who had been in detention since April 2024, faced allegations relating to money laundering tied to cryptocurrency transactions.

His legal representatives presented evidence that his health had severely deteriorated during his time in custody, requiring immediate medical attention that was unavailable in the correctional facility.

Initially, the EFCC opposed Gambaryan’s bail application, claiming that his health issues were exaggerated. However, new medical reports submitted during the hearings revealed that his condition was indeed critical and could not be properly managed while incarcerated.

The court was later informed that Gambaryan’s health had deteriorated further, to the extent that he now required a wheelchair for mobility. Despite the efforts of the Nigerian Correctional Service, his condition could not be effectively managed within the facility, and it was revealed that he would need surgery, with a lengthy recovery period that could delay the trial process.

In light of this, the EFCC acknowledged that Gambaryan’s limited role at Binance had little bearing on the investigation and, after reviewing the case in consultation with the federal government, it was decided that continuing the charges against him would serve little purpose. 

Diplomatic considerations, including ongoing engagements between Nigeria and the U.S., also played a part in the decision to drop the charges.

During the hearing, EFCC counsel Ekele Iheanacho SAN requested that the court discharge Gambaryan, which Gambaryan’s lawyer, Mark Mordi SAN, did not oppose. Mordi, however, urged the court to consider issuing a full acquittal in light of the prosecution’s admission of his client’s limited involvement.

In his ruling, Justice Nwite noted the importance of ensuring Gambaryan receives proper medical care, stating that the medical documentation presented showed an urgent need for specialized treatment. 

He subsequently struck out the money laundering charge, ordering that Gambaryan be immediately released from the custody of the Nigerian Correctional Service, Kuje.

The court also adjourned the trial of Binance itself to November 22, 2024, for continuation of proceedings, bringing an end of Gambaryan’s personal charges after months of detention. 

During today’s hearing, Tigran Gambaryan was allegedly denied the use of a wheelchair, forcing him to enter the court on crutches despite being in visible pain and distress. 

Reports claim that he broke down in tears in court, prompting his lawyers to file a new bail application on medical grounds and due to restricted access to their client. 

The EFCC prosecutor reportedly opposed the application, arguing that Tigran Gambaryan is not in ill health, despite the partial release of his medical records, which reveal the need for urgent surgery. 

It is also reported that essential parts of his medical records, including an MRI scan, were missing. Contradictorily, the EFCC prosecution also claimed that Gambaryan is refusing treatment. The judge is expected to continue hearing the bail application and trial on September 4th.

In the courtroom, Tigran Gambaryan reportedly pleaded with the judge, stating that he is not receiving proper medical care in prison and is being denied basic rights, including access to his legal counsel and embassy representatives. The judge ordered that he be allowed to use a wheelchair.

Yuki Gambaryan, Tigran’s wife, has released a statement condemning the situation: “This situation is entirely unjust. My husband was unlawfully detained by the Nigerian government after being invited under false pretences for a meeting in their country. 

During this prolonged imprisonment, his health continues to deteriorate, and now, he is in so much pain that he can barely walk. The U.S. Government must do more to help Tigran. I urge them to use every available tool to free an innocent American who is at risk of permanent damage.

I am also deeply concerned about recent statements from Nigerian authorities denying Tigran’s health issues. The truth is that the prison has withheld his medical records for months, and even the partial records they finally released today say that Tigran needs surgery. They cannot keep playing games with my husband’s life like this. This entire situation is inhumane and degrading, and I am fed up. There must be consequences for this disregard of law and human rights.”

The case continues to develop, with the next hearing scheduled for September 4th.

When the matter was called on Thursday, only Tigran Gambaryan, a Binance executive, was represented by a lawyer.

According to Eagleonline, neither the company nor Anjarwalla, who recently escaped from lawful custody, was represented by a counsel.

Gambaryan’s lawyer, Chukwuka Ikwuazo (SAN), told the court that his client had not been served with the charge, hence his arraignment cannot proceed.

The lawyer of the FIRS, Moses Ideho, though acknowledged that the agency had not served Gambaryan with the charge, he said all efforts to do so proved abortive because the defendant could not be reached at the detention of the Economic and Financial Crimes Commission.

Ideho then prayed to the court to serve Gambaryan in the open court.

The judge directed that the charge be served on him in the dock.

The lawyer, therefore, sought a stand-down of the matter or an adjournment to enable Gambaryan to consult with his lawyer.

Ikwuazo did not object to an oral application for adjournment and the matter was adjourned until April 19 for him to take his plea.

NAN on March 28 also reported that the FIRS will on April 4, 2024 arraigned Binance Holdings Limited, Gambaryan and fleeing Anjarwalla on allegations bordering on tax evasion.

In the charge, marked: FHC/ABJ/CR/115/2024, the three defendants will equally be arraigned before Justice Nwite on four counts.

The defendants are being charge on a four-count charge bordering on alleged tax evasion.

In the charge dated and filed March 22, 2024 by the FIRS, the defendants were alleged to have committed the offence on or about February 1, 2024.

Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, the defendants failed to register with the FIRS for the purpose of paying all relevant taxes administered by the service.

The offences are said to be punishable under Sections 8 and 29 of the VAT Act of 1993 (as Amended), Section 40 of the FIRS Establishment Act, 2007 (as amended) and under the provisions of Section 94 of the Companies Income Tax Act (as amended).