•Dismisses objection to arraignment
Chigozie Amadi
Justice Emeka Nwite of a Federal High Court in Abuja, yesterday, ordered the remand of an executive of Binance Holdings Limited, Mr. Tigran Gambaryan, in custody of the Kuje Correctional Center.
Gambaryan, a citizen of the United States of America, would remain in custody pending the hearing of his bail application, fixed for April 18, 2024.
The remand order was sequel to his arraignment before the court, on a five-count criminal charge brought against him by the Economic and Financial Crimes Commission (EFCC).
The anti-graft agency is prosecuting Binance, Gambaryan and the firm’s Africa Regional Manager, Mr. Nadeem Anjarwalla, who was said to be at large, on alleged breach of the money laundering Act.
Gambaryan, pleaded not guilty to all the five counts read against him, however, the judge refused to grant his plea that he be remanded in custody of the EFCC.
Earlier, Justice Nwite, had dismissed his objection to his arraignment and ordered him to take his plea in the money laundering charge.
Attempt by the EFCC to arraign the defendants last week had suffered a setback, when Gambaryan ‘s lawyer argued that the first defendant had not been properly served with the court documents.
But, the judge in a ruling yesterday, disagreed with the claim, pointing out that the service of the court documents against Binance on the second defendant, Gambaryan was proper.
According to the judge, contrary to Gambaryan’s submission, he was duly qualified as an agent of Binance to receive service of the suit.
The judge pointed out that evidence in Gambaryan’s affidavit in support of his application showed that he was not only an employer of Binance, engaged in 2021, but was duly appointed to and actually attended a meeting on behalf of Binance with the federal government in February this year.
“I am of the view that there cannot be a better service of the court process of the first defendant on the second defendant. The service of the first defendant on the second defendant is a proper service and the second defendant is hereby ordered to take his plea” the judge held.
Gambaryan had last week objected to his arraignment on the grounds that the court documents have not been served on Binance who is the first defendant in the suit marked:FHC/ABJ/CR/138/2024, wherein the defendants were accused of money laundering to the tune of $35,400,000.
His lawyer, Mark Mordi, had argued that his client cannot be arraigned when the charge has not been served on the first defendant.
“It is manifestly clear that service under Section 123 of the Administration of Criminal Justice Act (ACJA), is yet to be accomplished, adding that the prosecution has not shown, contrary to his claim that the suit was served on the 2nd defendant,” he had argued.
Besides, he had argued that the 2nd defendant did not fall into any of the category of persons qualified to receive service on behalf of Binance, in line with the provisions of Section 123 of the ACJA, having not been a Director, patron or company secretary.
Besides, Mordi had also argued that the 2nd defendant does not reside in Nigeria to qualify as an agent within jurisdiction.
He had further submitted that the 1st defendant does not carry out business in Nigeria or have any footprint here so does not have an agent in the country.
He had therefore urged the court to adjourned for the prosecution to do the needful before the 2nd defendant could be arraigned.
However, EFCC’s lawyer, Ekele Iheanacho had disagreed insisting that arraignment of the second defendant could go ahead without service on 1st defendant, adding that a not guilty plea can be entered in favour of the 1st defendant.
He had disclosed that the prosecution had served Gambaryan with the court process on behalf of Binance, but he refused to accept service.
Justice Nwite after taking arguments from parties adjourned till April 8, to decide whether Gambaryan can be arraigned without service of the court papers on Binance.
In the charge dated and filed on March 28, by the anti-graft agency, the trio are being accused of money laundering to the tune of $35,400,000.
The offences which were said to have been committed between January 2023 and January 2024 in Abuja, are contrary to and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.
In count one, the defendants were charged with operating a specialised business of another financial institution in Abuja, without a valid license between January 2023 and January 2024.
The offence was alleged to violate Sections 57(1) and (2) of the Banks and Other Financial Institutions Act, 2020, and is punishable under Section 57(5) of the same Act.
Both Gambaryan and Anjarwalla were arrested late February and were held in custody until March 22, when Anjarwalla was said to have escaped from custody and from Nigeria.
