The Economic and Financial Crimes Commission (EFCC) has contested the health claims made by the family and legal team of Tigran Gambaryan, a Binance executive facing money laundering charges in Nigeria. Gambaryan’s family alleges that his health has deteriorated significantly in detention, asserting that he “can no longer walk” due to a herniated disk and has been denied adequate medical care.

On September 2, 2024, EFCC’s lead counsel, Ekene Iheanacho, informed Justice Emeka Nwite of the Federal High Court in Abuja that Gambaryan’s health issues are not as severe as claimed. This response was in reaction to a new bail application from Gambaryan’s lawyer, Mark Mordi SAN, who sought his release for medical reasons.

Background:

Gambaryan’s family issued a statement on August 26, 2024, describing his severe back pain and mobility issues due to a herniated disk, allegedly exacerbated by a lack of proper medical treatment in detention. They claimed Gambaryan is bed-bound and taking blood thinners to prevent clots, with muscle atrophy noted by the prison doctor.

The Nigerian government has accused Binance, Gambaryan, and another executive, Nadeem Anjarwalla, of conspiring to conceal $35.4 million in illicit financial proceeds. On July 30, 2024, Justice Nwite had ordered the arrest of Dr. Abraham Ehizojie from the Kuje Correctional Centre for failing to present Gambaryan’s medical report or appear in court.

Justice Nwite had previously warned the Nigerian Correctional Service to comply with court directives concerning Gambaryan's medical reports. Gambaryan’s lawyer had highlighted his deteriorating health, including a recent court appearance in a wheelchair. The judge mandated that if the medical report was not produced, the medical officer would have to appear in court.

At the September 2 hearing, Gambaryan’s lawyer requested bail on health grounds, stating that the medical report had not been provided as ordered. Iheanacho countered by asserting that Gambaryan’s health issues were less severe than portrayed and emphasized that the Nigerian authorities had been providing medical care, including visits to different hospitals. He also noted that prison officials report Gambaryan walks within the facility.

Gambaryan acknowledged his long-standing back condition but argued that inadequate treatment in detention had caused permanent nerve damage. Justice Nwite adjourned the matter to September 4, 2024.

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Additional Insights:

A director from the Securities and Exchange Commission (SEC) informed the court that Binance is a key reference for Nigeria’s exchange rate. The SEC regulates capital markets, conducts investigations, and enforces compliance.

Binance and its executives are involved in separate lawsuits from the Federal Inland Revenue Service (FIRS) and EFCC, with the FIRS focusing on tax evasion and the EFCC on money laundering and foreign exchange violations. The executives have also filed a fundamental rights case against Nigerian government agencies, alleging violations of their constitutional rights.

Gambaryan and Anjarwalla were detained by Nigerian authorities on February 28, with Gambaryan’s family continuing to raise concerns about his health while urging the EFCC to proceed with its case against Binance.