A medical report from the State House Annex Clinic in Asokoro, Abuja, has alleged that detained Binance executive Tigran Gambaryan refused prescribed medications and food when attended to by a neurosurgeon in July 2024.
The report and other medical records were cited at the Federal High Court, Abuja, on September 4, 2024, during bail application arguments between Gambaryan’s lawyer, Mark Mordi, SAN, and counsel for the Economic and Financial Crimes Commission (EFCC), Ekele Iheanacho.
The EFCC had countered health claims made by the family and legal team of the detained Binance executive, who is facing money laundering charges in Nigeria.
Despite the family’s insistence that he “can no longer walk” due to a health condition involving a disk issue, the EFCC contested the claims.
At the resumed proceedings on Wednesday, Justice Emeka Nwite allowed parties to further argue for and against the second bail application by Gambaryan.
Both lawyers addressed the medical reports regarding Gambaryan’s health.
According to the State House Annex Clinic’s medical report dated August 29, 2024, 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 and they met the patient in Kuje, where he volunteered a medical history of recurrent low back pain for twelve years and an anxiety disorder for which he was receiving treatment.
According to the report, a neurosurgeon was called to review the patient on July 18, 2024 and 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, adding that “These findings and recommendations were consistent with those of a second neurosurgeon whose opinion was sought.”
The report further pointed out 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, following which he was 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.
Another medical report from Nizamiye Hospital Limited was also orally cited by counsel in open court.
Mordi applied for the court to admit the defendant to bail on liberal terms, or alternatively, to admit the defendant to bail for six weeks on the basis of ill health.
He submitted that the defendant’s health challenge cannot be adequately managed in Nigeria.
Iheanacho, however, urged the court to dismiss the fresh bail application, arguing that Gambaryan has been receiving adequate medical care from the service and has been taken to several hospitals and that Nigeria’s Correctional Centre has the capacity to take him to any hospital in Nigeria, but cannot force a surgery on the defendant without his consent.
He argued that the defendant “cannot suddenly become sick,” as is allegedly commonplace with some suspects.
Relying on the exhibits (medical reports), the judge said he does not think the medical personnel would be careless about the defendant’s health.
He also added that he does not believe that Gwagwalada Hospital, State House Clinic, and other facilities lack the requisite medical expertise to treat him.
Consequently, the judge fixed October 9 for a ruling on the defendant’s bail application and October 11 for further hearing.
He directed the correctional service to continue providing medical attention to him “as the need arises.”
