The Binance executive, who was previously denied bail by the trial court a few months ago, is standing trial along with the company in Abuja on money laundering charges.
The Federal High Court in Abuja has fixed 9 October for ruling on a fresh bail application filed by the detained Binance Holdings Limited's executive, Tigran Gambaryan, who is standing trial over the company's activities in Nigeria.
The trial judge, Emeka Nwite, set the date for ruling after a hearing on Wednesday on Mr Gambaryan's bail application, which the prosecution - the Economic and Financial Crimes Commission (EFCC) - vehemently opposed.
Mr Gambaryan, previously denied bail by the trial court a few months ago, is standing trial alongside Binance, a cryptocurrency company, on five counts of money laundering and currency speculation involving as much as $34.4 million.
Binance is facing tax evasion charges in a separate case before another judge.
The United States citizen has been held at the Kuje Correctional Centre in Abuja since his arraignment in April.
In May, the court denied the Binance executive's bail application, judging him a flight risk.
The court's decision came about two months after Mr Gambaryan's colleague, Nadeem Anjarwalla, reportedly escaped from a pre-trial custody in Abuja in March.
Mr Gambaryan anchored his fresh bail application on health grounds.
EFCC opposes fresh bail application
Opposing his fresh bail application on Wednesday, the EFCC told the trial judge, Emeka Nwite, that Mr Gambaryan rejected the medical treatment at the State House Clinic.
Counsel for the EFCC, Ekele Iheanacho, told trial judge Emeka Nwite while opposing Mr Gambaryan's second bail application moved by his lawyer, Mark Mordi, a Senior Advocate of Nigeria.
Mr Iheanacho, who drew the court's attention to the State House Clinic's medical report, said Mr Gambaryan's ill health was not as bad as it was being painted.
He said the report showed that the defendant was dissatisfied with the medical attention offered and rejected it.
The lawyer 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 Nigerian Correctional Service (NCoS) management requesting Mr Gambaryan's medical records.
He said that the NSA received a response from the NCoS on 28 August, with the attached report of Nizamiye Hospital, among others.
According to him, the report indicated that Mr Gambaryan had been receiving adequate medical care from the NCoS and had been taken to several hospitals, including the State House Clinic.
Mr Iheanacho insisted that NCoS could take Mr Gambaryan to any hospital in Nigeria, adding that surgeons could not force surgery on the defendant without his consent.
He said Mr Gambaryan "cannot suddenly become sick," as is allegedly commonplace with some suspects facing trial.
The fresh bail application
Earlier, Mr Mordi urged the court to grant his client bail on liberal terms or, alternatively, to admit him to limited bail for six weeks on the basis of ill health.
He argued that though the EFCC denied Gambaryan had a severe health issue, the exhibits, including the medical reports, showed that he needed medical care.
The lawyer argued that Mr Gambaryan's health challenge could not be adequately managed in Nigeria.
What medical reports say
The medical report referenced by the EFCC prosecutor and made available to the News Agency of Nigeria (NAN) showed that the NCoS took Mr Gambaryan to the State House Clinic in Asokoro, Abuja.
According to the State House Annex Clinic's medical report dated 29 August, the clinic received a directive on 17 July 2024 to conduct a preliminary medical evaluation on Mr Gambaryan and possibly retrieve him from the Kuje Correctional Centre in Kuje 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 the Kuje Correctional Centre, where they met the patient, who volunteered a medical history of recurrent low back pain for 12 years and an anxiety disorder for which he was receiving treatment.
The report added that, given the patient's medical history and worsening symptoms, a neurosurgeon was called to review the patient on 18 July.
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," the medical report read in part.
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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 21 July 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 29 August, partly reads that "The above-named patient (Gambaryan) was brought to the emergency room on 3 June 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."
In June, Mr Gambaryan's wife raised concerns over his health conditions. She called on the United States government to pressure the Nigerian government to withdraw the charges against him and release him.
NAN reports that, on many occasions, EFCC had countered the health claims made by the family and legal team of the detained Binance executive.
