Binance Executive Gambaryan’s Case Stalled in Court Due to His Absence

The Federal Inland Revenue Service (FIRS) faced a setback in the arraignment of Binance Holdings Limited and its executive, Tigran Gambaryan, at a Federal High Court in Abuja on Wednesday. The matter, scheduled for arraignment before Justice Emeka Nwite, could not proceed due to Gambaryan’s absence in court.

Gambaryan, the 2nd defendant in the four-count charge, is currently being held at the Kuje Correctional Centre.

The FIRS had filed an amended four-count charge marked: FHC/ABJ/CR/115/2024, dated and filed on May 17, naming Binance, Gambaryan, and Nadeem Anjarwalla as the 1st to 3rd defendants respectively.

In the fresh charge, though Anjarwalla was listed as the 3rd defendant, the tax agency included the inscription “at large” immediately after his name.

Justice Nwite had previously rejected Gambaryan’s application for bail in another charge filed against him and the company by the Economic and Financial Crimes Commission (EFCC).

The judge, citing overwhelming evidence presented by the EFCC against the defendant as a flight risk, ordered Gambaryan to be remanded in prison until the hearing and determination of the money laundering charge.

When the matter was called on Wednesday in the case filed by the FIRS, counsel for the parties were present in court, except for Gambaryan. FIRS lawyer, Moses Ideho, informed the court that Gambaryan was supposed to be produced from custody, but he was unsure of the reason for his absence.

Ideho stated that they had been trying to reach members of the correctional centre to determine why Gambaryan was not brought to court, as it is the correctional centre’s responsibility to bring him.

Chukwuka Ikwuazo, SAN, representing Gambaryan, expressed his disappointment at the delay, stating that they had been in court since 9 am and saw no reason for the matter to be stood down.

He argued that the prosecution cannot claim ignorance of the defendant’s whereabouts, as he is under the custody of the Federal Government, which Ikwuazo represents in court.

Ideho further urged the court to stand down the matter to confirm if the prison officers were on their way or why they were not in court.

However, Tonye Krukrubo, SAN, counsel for Binance (1st defendant), disagreed with Ideho’s plea for a stand-down and appeared under protest. He blamed the government lawyer for not ensuring that the defendant would be brought to court.

In response, Ideho stated that on the last adjourned date, the defence counsel sought an adjournment, and it was unfortunate that Gambaryan was not present, which was not Ideho’s fault.

Ideho then sought an adjournment, promising that the agency would communicate with the officers of the correctional centre to ensure Gambaryan’s early appearance in court.

Ikwuazo drew the court’s attention to the amended charge filed by the FIRS, stating that Anjarwalla, listed as the 3rd defendant, is still named with the tag “at large” in the amended charge.

He felt this should be brought to the court’s notice as it could delay the trial, as under the law, when a defendant is named, he should be served the charge.

Krukrubo added that it is a constitutional requirement for a charge to be read to a suspect in a language he understands, and therefore, the charge cannot be read to a ghost.

In response, Ideho promised to do the needful as directed by the court. Justice Nwite adjourned the matter until June 14 for arraignment.