Money laundering: Binance official Gambaryan arrives court in wheelchair, denied bail

From Godwin Tsa, Abuja

The detained top official of Binance Holdings Limited, Tigran Gambaryan, was wheeled into the courtroom at the Abuja Division of the Federal High Court on Tuesday over an alleged money laundering charge.

After alighting from a vehicle that brought him to court from the Kuje Correctional Centre, Gambaryan was wheeled into the courtroom for the continuation of the hearing on the five-count charge the Economic and Financial Crimes Commission (EFCC) preferred against him and the cryptocurrency firm.

When his case was called, the defendant stood up from the wheelchair and walked slowly into the dock.

His counsel, Mr Mark Mordi, SAN, told Justice Emeka Nwite that his client had fallen ill inside the prison, and his health had continued to deteriorate.

Justice Nwite had, on 5 July, ordered the Nigerian Correctional Service to release the defendant’s medical certificate before 16 July.

Gambaryan was arrested and detained alongside his colleague, Nadeem Anjarwalla, over their firm’s alleged involvement in money laundering and terrorism financing.

Even though their international passports were seized, Anjarwalla, who is the Africa Regional Manager of Binance, escaped from custody and fled to Kenya. The government initiated the process to arrest and extradite him back to the country for trial.

The defence counsel had earlier urged the court to summon the medical doctor at the health facility of Kuje Correctional Centre to explain why he had allegedly refused to furnish him with his client’s medical report, despite an earlier order of the court.

Justice Nwite, while rejecting his bail application on 17 May, said he was not convinced that the defendant, who is facing money laundering and terrorism financing charges, would be available to face trial if he were released on bail.

The court held that, based on affidavit evidence adduced by the EFCC, there was a likelihood that the defendant would jump bail.

It, however, ordered an accelerated hearing of the matter. The EFCC had, on 23 April, urged the court to allow the Binance official to remain in Kuje Prison.

The anti-graft agency maintained that it had received reliable intelligence that plans were afoot for the defendant to escape from custody and flee the country like his colleague.

It told the court that the defendant had attempted to secure a brand-new international passport from the Embassy of the United States of America.

The EFCC further alleged that the defendant is an Armenian citizen by birth, saying there was a clear danger that he would jump bail if released from custody.

The defendant, in an application he filed on 4 April, relied on the provisions of sections 157 and 162 of the Administration of Criminal Justice Act, 2015, to plead for bail.

He contended that the charge the EFCC preferred against him contained bailable offences, insisting that under the Constitution of Nigeria, 1999 (as amended), he is presumed innocent of the allegations against him.

His lawyer argued that the prosecution had failed to place any evidence before the court to establish that his client posed a flight risk.

“The prosecution has not presented any credible evidence to establish why the defendant should not be granted bail,” the defence lawyer submitted, adding that the claim that his client was planning to escape from the country was based on “hearsay, unreliable, and inadmissible evidence”.

“My client is anxious and very desirous to prove his innocence. This whole thing is that they want to use the defendant as leverage to obtain information from his employer. That is basically what this case is all about.

“This is purely state-sanctioned hostage-taking,” the defence counsel added.

He, therefore, prayed the court to grant the defendant bail and stipulate conditions that would ensure his attendance at his trial.

While opposing the bail application, the EFCC’s counsel, Mr Iheanacho, drew the court’s attention to the fact that the defendant’s colleague had escaped from lawful custody.

“There was an attempt by this defendant to procure another travelling document even when he was aware that his passport was in the custody of the state. He pretended as if the said passport was stolen.

“My lord, he made the move within the same period that his colleague escaped from custody and fled the country.

“If not that operatives of the Commission intercepted him, that act would have been completed.

“This court will be taking a grave risk to grant the defendant bail. This is also considering the fact that he has no attachment to any community in Nigeria.

“The fact that the defendant’s passport is with the complainant does not guarantee that he will remain in Nigeria. He is not only an American citizen, but he was also born in Armenia and has its citizenship by birth.

“The experience we have had with the man who escaped to Kenya while his United Kingdom passport is in Nigeria will certainly repeat itself if this defendant is granted bail.

“Because of information we have received, we have even proposed that the defendant be returned to EFCC custody, where he will be taken good care of, instead of the prison. It was an option we initially opposed.

“The 1st defendant (Binance) is operating virtually. The only thing we have to hold on to is this defendant. So, we pray, my lord, to refuse bail to the defendant,” the prosecution counsel added.