The trial judge, Justice Emeka Nwite, issued the order following an application by Gambaryan’s lawyer, Mark Mordi, (SAN) who complained to the judge that his order instructing that Gambaryan’s medical reports be made available to his team had not been complied with.
Following Mordi’s lamentation, Justice Nwite asked a prison official who brought Gambaryan to court about the development.
He replied that he got the court order and delivered the order to the doctor on Tuesday, July 9.
He said, “He is not here and I expected him to be here”.
Also, the prosecution counsel, Ekene Iheanacho, told the judge that he also expected the medical officer to be in court today.
Mordi afterwards, prayed the court to issue a bench warrant against the medical officer of the correctional centre for him to be produced in court the next adjourned date.
Mordi also prayed the court to issue an order for Gambaryan to be given hospital remand immediately so that thorough medical examination can be carried out on him to know his true state of health as his health has gotten worse.
He said, “My client came in here in a wheelchair. He has been complaining of back pain.
“We need to be careful of the life in our hands,” Mordi said.
The Economic and Financial Crimes Commission, counsel did not object to the fact that Gambaryan needs adequate treatment.
He however objected to the request, that he should be placed in hospital remand.
After listening to arguments from both parties and taking their submissions, the trial judge said it is unfortunate that a government institution would be treating a court order with levity.
He said, “I hereby make an order of bench arrant on the medical doctor at the Kuje Correctional Service, to appear before this court”.
He also ordered that Gambaryan be taken to the Nizamiye Hospital for medicare for 24 hours, at any time of his choice but under full security surveillance.
He adjourned the matter until October 11 and 18 for continuation of trial.
At the previous hearing, Wednesday, July 5, Justice Nwite had ordered the management of the Nigerian Correctional Service to release the medical certificate of Gambaryan on or before July 16 (today).
The judge gave the order following an application by Mordi who had asked the court to summon Ehizojie to explain why he had allegedly refused to make available Gambaryan’s medical report despite the court ordering him to do so.
Meanwhile, in the morning when Gambaryan arrived at the Court premises for his scheduled hearing, he was brought in, in a wheelchair.
Recall that Gambaryan had, on May 23, collapsed in the open court over alleged ill-health.
The defence law firm, Aluko & Oyebode, had also, on May 27, raised alarms that the cryptocurrency firm’s executive might die in Kuje Correctional Centre over his alleged deteriorating health.
Earlier, Dr Olubukola Akinwunmi, Head of, Payment Policy and Regulation Division at the Central Bank of Nigeria was cross-examined by Binance’s counsel, Babatunde Fagbohunlu, (SAN).
Gambaryan, alongside his company, is facing a money laundering charge brought against them by the EFCC.
