The National Chairman of the All Progressives Congress (APC),Abdullahi Umar Ganduje, has reportedly resigned from his position, effective immediately.
According to TVC sources, Ganduje, a former Governor of Kano State, cited health reasons for his decision, stating that he needs to focus on his well-being.
More details later…
…as case abruptly ended
Gambaryan has been held at the Kuje Correctional Centre in Abuja since his arraignment in April.
Abuja: The Federal Government has dropped all charges against Tigran Gambaryan, an executive at Binance Holdings, who has been facing money laundering trial from detention since April.
A lawyer representing the Economic and Financial Crimes Commission (EFCC) – the prosecuting agency – announced the withdrawal of the charges at the Federal High Court in Abuja Wednesday, 23rd of October, 2024.
Announcing the withdrawal of the charges, the lawyer said Mr Gambaryan, a United States citizen, was merely an employee of Binance, whose activities he was being prosecuted for.
Mark Mordi, a Senior Advocate of Nigeria (SAN) representing Mr Gambaryan, agreed with the prosecution, saying that his client was not involved in the company’s broader financial decisions.
The judge then fixed 18 October for continuation for trial but Mr Gambaryan was surprisingly absent.
The judge then rescheduled the trial for 25 October, which appears to have now been overtaken by the event of Wednesday’s unpublicised hearing.
Wednesday’s hearing abruptly ended the case.
Mr Gambaryan has been held at the Kuje Correctional Centre in Abuja since his arraignment in April.
He 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 of the Federal High Court in Abuja.
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.
Since the court’s decision denying him bail, Mr Gambaryan’s health condition has been a recurring feature in the trial and the basis for the subsequent unsuccessful bail application.
On 11 October, the court dismissed Mr Gambaryan’s second bail application anchored on ill health.
The judge held that Mr Gambaryan failed to show in the bail application that the Nigerian Correctional Service (NCoS) did not have adequate facilities or had failed to take care of his ill-health.
He also ruled that the bail application constituted an abuse of court process. Mr Gambaryan’s request could not be granted when he was still challenging the ruling on his earlier bail application at the Court of Appeal.
The judge, who stressed that the defendant failed to withdraw his pending appeal against the earlier ruling on his bail application before filling another motion, said such an act amounted to an abuse of court process.
“There is no gainsaying on this leg alone that this application is bound to fail,” he said.
The judge, however, ordered the NCoS to refer Mr Gambaryan to any standard hospital in Abuja for a period of two to three days.
Absence of Justice Emeka Nwite of a Federal High Court in Abuja, on Wednesday, stalled the ruling in a fresh bail application filed by the detained Binance Holdings Limited’s executive, Tigran Gambaryan.
The matter, which was fixed for ruling on Gambaryan’s bail request, could not proceed as Justice Nwite was said to have gone for the ongoing seminar at the National Judicial Institute (NJI), Abuja.
The ruling was subsequently fixed for Oct 11.
The News Agency of Nigeria (NAN) reports that counsel to the Economic and Financial Crimes Commission (EFCC), Ekele Iheanacho, SAN, had, on Sept. 4, vehemently opposed the bail application moved by Mark Mordi, SAN, on Gambaryan’s behalf.
Iheanacho, who argued that the Binance executive was being given the best medical treatment by the Nigerian Correctional Service (NCoS), alleged that Gambaryan, at one time, rejected the medical intervention by the State House Clinic in Abuja.
The lawyer drew the attention of the court to the State House Clinic’s medical report.
He stated that despite that Gambaryan’s ill-health was not as worse as it was being portrayed, the report showed that the defendant was dissatisfied with the medical attention being offered and rejected it.
The anti-graft agency’s lawyer urged the court to dismiss the fresh application.
He explained that the National Security Adviser (NSA), Nuhu Ribadu, wrote to the management of the 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 had 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.
Flowerbud News
The detained Binance Holdings Limited’s executive, Tigran Gambaryan, was on Tuesday, whisked into Federal High Court in Abuja in wheelchair.
Flowerbudnews
A Federal High Court in Abuja on Friday, discharged the executive of Binance Holdings Limited, Tigran Gambaryan, and his fleeing colleague, Nadeem Anjarwalla, from the alleged tax evasion charge preferred against the company by Federal Inland Revenue Service (FIRS).
Justice Emeka Nwite, in a ruling, discharged and struck out Gambaryan and Anjarwalla’s names from the four-count charge after FIRS’ counsel, Moses Ideho, filed a fresh amended charge wherein Binance is listed as sole defendant.
The News Agency of Nigeria (NAN) reports that while Binance is the 1st defendant is the May 17 amended charge filed by FIRS, Gambaryan was listed as 2nd defendant while Anjarwalla’s name appeared as being at large.
When the matter was called on Friday, Gambaryan stepped into the dock.
Tonye Krukrubo, SAN, who appeared for Binance (1st defendant), then informed the court that the cryptocurrency firm had just appointed a representative in Nigeria.
The new appointee, who was also in court, stood up and announced his name as Ayodele Omotilewa.
Ideho confirmed that his office received a notice of appointment of a representative by Binance.
He said the notice was dated June 13, 2024, appointing Ayodele Omotilewa as its agent in the country.
The FIRS lawyer told the court that against the development, an amended four-count charge listing Binance Holdings Limited as sole defendant was filed on June 13.
He therefore applied that Omotilewa should be docked to take a plea on behalf of the company.
But Krukrubo disagreed with Ideho’s application.
The senior lawyer, who argued that the company’s representative was yet to be served with the fresh amended charge, said Omotilewa was only appearing in court for the first time.
“I think my learner friend should confirm whether he has served him or not first. We are not there yet,” he said.
He insisted that the prosecution had not served them with the amended charge.
Krukrubo said Omotilewa ought not to enter the dock.
According to him, he was only appointed for specific purposes; to receive processes.
“He is one of us; a legal practitioner,” he said.
He said the proper thing for the prosecution to do was to address the court on the charge he intended to substitute.
C.J. Caleb, who appeared for Gambaryan (2nd defendant), aligned himself with Krukrubo’s submission.
According to him, our jurisprudence for criminal trial of a corporation as it stands today does not contemplate that a corporation or its representative should be in the dock.
“More importantly, the ACJA (Administration of Criminal Justice) Act, particularly Part 47, did not leave us in doubt on how a trial should proceed in respect of a corporation,” he said
Caleb said the Act also specified all that is required for a representative in criminal trial, citing Sections 478 , 481, 482 and 483.
“So I align with my learner colleague that the representative is enough to be in court but does have to be in the dock,,” he said.
But Ideho disagreed, citing Section 481 of ACJA to back his argument.
“If my lord is to look carefully at the provisions of this section and subsection, a representative cannot just sit in the gallery and watch like a spectator how the trial is conducted.
“He should be in the dock because this is a criminal charge not civil matter,” he said.
Reacting, Krukrubo argued that there was no where in the section cited by Ideho where it was said that a company’s representative must be in the dock.
“Section 481 is written in black and white and it does not say that a representative of a corporation must be in dock.
“What he is saying is not contemplated by ACJA,” he said.
Also speaking, Caleb argued that Section 418 of ACJA only talked about the power of a representative.
Justice Nwite then directed Ideho to move the latest application filed.
Moving his fresh amended charge, Ideho said the application was filed on June 13.
“We will like to amend and substitute the charge with the earlier one of May 17, 2024, which was our last amended charge my lord,” he said.
The defendants’ lawyers did not oppose the application.
However, Caleb applied that the court should strike out the two earlier charges that listed his client, Gambaryan, as 2nd defendant, dated March 22 and the amended charge dated May 17.
He said this was so because the name of his client was mentioned in the two charges.
The lawyer equally applied that Gambaryan should be discharged from the dock and from the proceedings in its entirety.
He further applied that the earlier order directing that the service of the charge on Binance be done through Gambaryan be vacated, having been in the court record that the company had appointed a representative .
Justice Nwite, in a ruling, granted the prosecution application for the substitution of the June 13 amended charge for the May 17 one.
The judge, who set aside the earlier order, directing Gambaryan to be served on behalf of the company., discharged him from the dock.
On the controversy whether the Binance representative should be docked or not, the judge ordered the parties to file written addresses to state their arguments.
Justice Nwite adjourned the matter until July 12 for plea.
The News Agency of Nigeria (NAN) reports that in the latest amended charge marked: FHC/ABJ/CR/115/2024, while the Federal Republic of Nigeria is the complainant, Binance Holdings Limited is the sole defendant.
The charge is dated June 13 and filed June 14.
Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, failed to register with the FIRS, for the purpose of paying all relevant taxes administered by the service.
The offence is punishable under Sections 8 of the Value Added Tax (VAT) Act of 1993 (as Amended).(NAN)(www.nannews.ng)
By Biola Lawal
Abuja (Flowerbudnews): The Minister of Information and National Orientation, Mohammed Idris, has said due processes are being applied in all stages of the trial by the laws of the Federal Republic of Nigeria.
The Minister made the statement against the backdrop of continuing interest in the ongoing trial of rogue online platform, Binance, and one of its Chief Executives, who illegally trade in cryptocurrency in Nigeria, Rabiu Ibrahim, Special Assistant (Media) to the Minister disclosed.
“At all stages, due process has been followed, and prosecutors are confident of their case, based on the facts and evidence gathered.
”Binance will have every opportunity to defend itself in court against these severe charges of financial crimes against the Federal Republic of Nigeria. The next hearing is on June 20, 2024,” Idris said.
The Minister explained that Binance, the defendant, has received consular access and all due care, following normal diplomatic protocols and the rule of law, adding that the judge in the case has sufficiently posited that bail was denied because of the flight risk, after a co-accused, now the subject of an Interpol warrant, illegally absconded.
It would be recalled that Binance had a turnover in Nigeria of over US$20 billion in 2023 alone, far above the federal budget for health and education, fueling currency speculation and the cost-of-living crisis.
In addition, it is not registered in Nigeria and neither has it ever paid any taxes within the Nigerian jurisdiction, having all the while operated without oversight or any of the normal guard rails to flag criminal activity.
Idris said it is important that Binance is prefaced as an entity whose representatives have been variously imprisoned, fined, sanctioned, and banned in North America, Europe, and Asia, in recent years.
“Changpeng Zhao, the billionaire co-founder and former CEO of Binance is currently serving a four-month prison sentence in the United States after being found guilty of money laundering, while Binance has openly accepted its role in facilitating terrorism, corruption, sanctions busting, and in aiding and abetting paedophile gangs.
“Law enforcement agencies believe Binance operations in Nigeria are part of a broader international pattern. It will be for the courts here, as in other jurisdictions, to hold the company and its executives accountable,” Idris said. (Flowerbudnews)
Flowerbudnews
A Federal High Court, Abuja, on Thursday, ordered the management of the Nigerian Correctional Service (NCoS) management in Kuje, FCT, to take the ailing and detained Binance executive, Tigran Gambaryan, to a hospital for a medicare.
Justice Emeka Nwite gave the order following an application by Gambaryan’s counsel, Mark Mordi, SAN, that his client was suffering from a deteriorating health condition which needed prompt medical attention.
The News Agency ot Nigeria (NAN)!reports that the Economic and Financial Crimes Commission (EFCC) had sued Binance Holdings Limited and Gambaryan as 1st and 2nd defendants.
In the five-count money laundering charge, Nadeem Anjarwalla, another agent of the company, was listed as being at large.
They were accused to have allegedly conspired amongst themselves to conceal the origin of the financial proceeds of their alleged unlawful activities in Nigeria including 35,400, 000 dollars.
They were alleged to have committed an offence contrary to Section 21 (a) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022, among others.
However, Anjarwalla escaped from lawful custody on March 22 and fled Nigeria for Kenya.
Mordi, while moving the motion, had sought an order of the court directing the correctional centre to allow Gambaryan to be treated in Nizayime Hospital, Abuja.
The EFCC’s lawyer, Ekele Iheanacho, although did not oppose the application that the defendant be treated in a hospital, he however disagreed that Gambaryan be specifically treated in Nizayime Hospital suggested by Mordi.
Responding, Mordi, who said they were interested in a medical facility where his client could be properly taken care of, said the company would be the cost.
According to him, the 2nd defendant is worth more to them if he is alive.
He said only a person who is living can stand trial.
The senior lawyer equally applied for the medical report of a medical examination conducted on his client .by the prison authority.
Iheanacho insisted that the court should be mindful of making a specific order directing the correctional centre to allow him to be treated in Nizayime Hospital.
He argued that the centre should take him to any hospital that would attend to him adequately so long the authority could ensure his security.
He also applied for the medical report to be issued and delivered to the anti-graft agency.
Mordi then rephrased his request and urged the court to make an order allowing Gambaryan to be treated in Nizayime Hospital or any other hospital which the correctional centre deemed.
Delivering the ruling, Justice Nwite granted the request.
“An order of this honourable court is hereby made that the 2nd defendant be allowed to be treated in Nizayime Hospital or any other hospital within jurisdiction which the Correctional Service Centre deems fit provided the Correctional Service Authority shall provide adequate security for the 2nd defendant within the period the 2nd defendant stays in the hospital,” he said.
The judge also ordered the correctional service authority to issue and deliver to both the prosecution and defendant’s counsel Gambaryan’s medical report based on the medical examination conducted on him fortnight ago.
NAN earlier reported that a mild drama ensued in the court when Gambaryan slumped in the open court over alleged ill-health.
The development occurred shortly after the matter was called for trial continuation.
Mordi told the court that although the matter was slated for cross-examination of the 1st prosecution witness (PW1), he sought an adjournment, citing Gambaryan’s ill-health.
He said they managed to bring the defendant to court for the court to know his true health condition.
Counsel to Binance Holdings Limited, Fagbohunlu, informed the court that a subpoena had been issued to Central Bank of Nigeria (CBN) and Securities and Exchange Commission (SEC) to release some documents to them in preparing for their defence.
He prayed the court for an order directing the government agencies to release the documents to them before the next adjourned date.
Iheanacho told the court that he was unaware of the application as he was yet to be served with the documents.
In the ruling, the judge directed the EFCC to make sure that the subpoena served on CBN and SEC were complied with.
Justice Nwite subsequently adjourned the matter until June 20 and June 21 for cross-examination of PW1
Flowerbudnews
There was a mild drama at a Federal High Court in Abuja on Thursday, as detained Binance executive, Tigran Gambaryan, who is facing a money laundering charge, slumped in the open court over alleged ill-health.
The development occurred shortly after the matter was called for trial continuation before Justice Emeka Nwite.
As soon as the case was called by the court registrar, Gambaryan did not step forward to the dock from the back row seat where he was seated.
Justice Nwite then asked where the 2nd defendant (Gambaryan) was and one of the lawyers in the defence team, who sat beside Gambaryan, held him by the side towards the dock.
As they walked slowly to the dock, Gambaryan fell down and the lawyer assisted him to sit in the front row seat.
His lawyer, Mark Mordi, SAN, explained to the court why his client could not stand as soon as the matter was called.
Mordi said Gambaryan had been indisposed and a written application letter had been filed to notify the court of his failing.
“My lord, the case may not certainly proceed today,” he said.
The News Agency of Nigeria (NAN) observes that throughout the proceeding, the cryptocurrency firm’s agent rested on the arm of the seat where he was sitting.
NAN reports that Justice Nwite had, on May 16, dismissed Gambaryan’s bail application on the ground that the EFCC had been able to establish that the defendant, who is currently being remanded at Kuje Correctional Centre, would jump bail if granted.
It would also be recalled that the alleged tax evasion charge filed by the Federal Inland Revenue Service (FIRS) against Binance Holdings Limited and Gambaryan could not proceed on Wednesday due to his absence in court.(,NAN)(www.nannews.ng)
Details later ……
Flowerbudnews
The Federal Inland Revenue Service (FIRS) has filed an amended four-count charge against Binance Holdings Limited and its executive, Tigran Gambaryan, on alleged tax evasion.
FIRS lawyer, Moses Ideho, made this known on Friday before Justice Emeka Nwite of a Federal High Court, Abuja.
Ideho informed the court that following the escape of Nadeem Anjarwalla from lawful custody, the agency deemed it necessary to amend the charge to properly reflect Anjarwalla’s position in the instant charge, as being at large.
“We apply to substitute our charge dated 22nd of March, 2024 with an amended charge dated 17th of May, 2024.
“We apply that the charge be read to the 1st and 2nd defendants (Binance and Gambaryan) in order to take their plea,” he prayed
But counsel for Binance, Chukwuka Ikwuazo, SAN, who also appeared for Gambaryan, opposed to Ideho’s application that the fresh charge be read to his clients.
Ikwuazo argued that the charge was just being filed this morning and he was yet to see it in order to consult with his clients so as to prepare for their defence.
Justice Nwite subsequently adjourned the matter until May 22 for arraignment.
Earlier, the judge, in a ruling, ordered that the FIRS to serve the company (1st defendant) through Gambaryan (2nd defendant) the charge in the matter.
Justice Nwite held that Gambaryan, being the Binance Chief Financial Compliant Officer, ought to be served with the charge as the company’s representative in Nigeria in accordance with the law.
He discountenabce the arguement of Ikwuazo that Gambaryan was neither a director, secretary or chief agent of the crypto-currency firm.
The News Agency of Nigeria (NAN) earlier reported that the court had fixed their arraignment for April 4.
However, the arraignment could not proceed due to inability of FIRS to effect service of the charge on the defendants..
The defendants are being charged on a four counts bordering on alleged tax evasion in the charge marked: FHC/ABJ/CR/115/2024.
In the charge dated and filed March 22 by the FIRS, the defendants were alleged to have committed the offence on or about Feb. 1.
Count one alleged that while involved in carrying and offering services to subscribers on their platform, known as Binance, failed to register with the FIRS, for the purpose of paying all relevant taxes administered by the service.
The offences are said to be punishable under Sections 8 and 29 of the VAT Act of 1993 (as Amended), Section 40 of the FIRS Establishment Act, 2007 (as amended) and under provisions of Section 94 of the Companies Income Tax Act (as amended) respectively.(NAN)(www.nannews.ng)