Justice Emeka Nwite, in a ruling, dismissed the application on the ground that it constituted an abuse of the court process. Justice Nwite held that Gambaryan’s request could not be granted when he was still challenging the earlier bail ruling at the Court of Appeal.
The judge, who stressed that the defendant failed to withdraw his pending appeal against the earlier ruling on his bail application before filing another motion, said such an act amounted to an abuse of court process.
“There is no gainsaying on this leg alone that this application is bound to fail,” he said.
He further held that Gambaryan had not shown to the court that the Nigerian Correctional Service (NCoS) did not have enough facilities or had failed to take care of his ill health.
“Therefore, the facts before the court have shown that the Nigerian Correctional Service has the capacity to treat the second defendant,” he added.
The judge, however, ordered the NCoS to refer Gambaryan to any standard hospital in Abuja for a period of two to three days. He subsequently adjourned the matter until October 18, November 22 and November 25 for the continuation of the trial.
The News Agency of Nigeria (NAN) reports that Justice Nwite had fixed today for the ruling on the second bail application due to his absence in court on Wednesday.
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 Mr 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 based on 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. The anti-graft agency is prosecuting Binance Holdings Limited and Gambaryan on a four-count money laundering charge.
