The EFCC on Wednesday told a Federal High Court in Abuja that the detained Binance Holdings Limited’s executive, Tigran Gambaryan, rejected the medical intervention by the State House Clinic.
Counsel for the EFCC, Ekele Iheanacho, told Justice Emeka Nwite while opposing Gambaryan’s second bail application moved by his lawyer, Mark Mordi SAN.
Iheanacho, who drew the attention of the court to the State House Clinic’s medical report, argued that despite that Gambaryan’s ill-health was not as worse as it was being painted, said the report showed that the defendant was dissatisfied with the medical attention being offered and rejected it.
The lawyer vehemently objected to the bail plea and urged the court to dismiss the fresh application.
He explained that the National Security Adviser (NSA), Nuhu Ribadu, wrote to the management of the Nigerian Correctional Service (NCoS), requesting Gambaryan’s medical records.
He said that a response from the NCoS was received by the NSA on Aug. 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 had the capacity to take Gambaryan to any hospital in Nigeria, adding that surgeons cannot force a 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 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.
However, a medical report made available to the News Agency of Nigeria (NAN) showed that Gambaryan was taken to the State House Clinic in Asokoro, Abuja, by the NCoS.
The report alleged that Gambaryan failed to company with the prescribed medications and food when attended to by a neurosurgeon in July.
According to the State House Annex Clinic’s medical report dated Aug. 29, the clinic received a directive on July 17, 2024, to conduct a preliminary medical evaluation on Gambaryan and possibly retrieve him from Kuje Correctional Facility for a more detailed medical examination.
The report stated that a medical team comprising a doctor, a nurse and a support staff was dispatched for the assignment.
It said the team immediately proceeded to Kuje Correctional Centre where they met the patient, who volunteered a medical history of recurrent low back pain for twelve years and an anxiety disorder for which he was receiving treatment.
The report added that, in view of the patient’s medical history and worsening symptoms, a neurosurgeon was called to review the patient on July 18.
The neurosurgeon’s findings were “consistent with the MRI report of early multilevel disc disease with exit nerve root impingement at L4/L5.”
“To relieve symptoms and avoid further potential complications, the neurosurgeon placed Gambaryan on medication, advised physiotherapy, and strongly recommended lumbar discectomy surgery as soon as possible.
“These findings and recommendations were consistent with those of a second neurosurgeon whose opinion was sought,” it read in part.
However, the report added that the “patient was dissatisfied with the medical interventions being offered, insisting that a court had ordered that he should be treated at Nizamiye Hospital.”
“Consequently, he intermittently refused prescribed medications and food to force a transfer out of the facility.
“He was subsequently discharged and returned to the Nigerian Correctional Service at around 1300 hours on July 21, 2024, with no obvious deterioration in his health during the five-day admission period,” the report said.
Another medical report from Nizamiye Hospital Limited was also orally cited by counsel in open court.
The report, dated Aug. 29, partly reads that “The above-named patient (Gambaryan) was brought to the emergency room on June 3, 2024, on account of left-sided chest pain.
“He had a history of sinusitis and lung infection prior to his presentation. He had frequent urination but no pain during urination.”
NAN reports that the anti-graft agency had, on many occasions, countered the health claims made by the family and legal team of the detained Binance executive, who is facing money laundering charges, alongside the cryptocurrency firm.
Besides, Binance Holdings Limited is also facing a tax evasion charge preferred against it by the Federal Inland Revenue Service (FIRS).
