A Federal High Court in Abuja has ordered the arrest of Dr. Abraham Ehizojie, the Medical Doctor at Kuje Correctional Centre’s health facility, for failing to produce the medical report of Tigran Gambaryan, a detained executive of Binance Holdings Ltd.
The bench warrant was issued by Justice Emeka Nwite on Tuesday, following an application by Gambaryan’s lawyer, Mark Mordi (SAN).
This development comes after Gambaryan was brought into the courtroom in a wheelchair earlier in the day.
Gambaryan, alongside the cryptocurrency firm, is facing a money laundering charge preferred against them by the Economic and Financial Crimes Commission (EFCC).
Justice Nwite had, on July 5, ordered the management of the Nigerian Correctional Service (NCoS) to release the medical certificate of Gambaryan on or before July 16.
The judge gave the order following an application by Mordi.
Mordi had prayed the court to summon Ehizojie to explain why he had allegedly refused to make available his client’s medical report despite the earlier court order.
Gambaryan had, on May 23, collapsed in the open court due to alleged ill-health.
The defence law firm, Aluko & Oyebode, had also, on May 27, raised alarm that the cryptocurrency firm’s executive might die in the Kuje Correctional Centre due to his alleged deteriorating health.
At the resumed hearing on Tuesday, Mordi said in open court that the judge’s order had not been complied with.
The judge then asked a prison official who brought Gambaryan to court about the development.
The prison official said he got the court order and delivered the order to the doctor on July 9 (Tuesday).
“He is not here and I expected him to be here,” he added.
The EFCC counsel, Ekene Iheanacho, told the judge that he thought that the medical officer would be in court.
Mordi then prayed the court to issue a bench warrant against the medical officer of the correctional centre, to ensure that he is produced in court on the next adjourned date.
The lawyer also asked the court to make an order for his client to be given hospital remand immediately so that thorough medical examination could be carried out ob him, to know his true state of health.
“My client came in here on a wheelchair. He has been complaining of a back pain.
“We need to be careful of the life in our hands,” Mordi said.
Iheanacho, who did not dispute the fact that the defendant should be given adequate treatment, disagreed that Gambaryan should be placed in hospital remand.
After listening to counsels’ submissions, Justice Nwite said it was unfortunate that a government institution would be treating a court order with levity.
“I hereby make an order of bench arrant on the medical doctor at the Kuje Correctional Service, to appear before this court,” he said.
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.
The judge adjourned the matter until Oct. 11 and Oct. 18 for continuation of trial.
Earlier, Dr Olubukola Akinwunmi, Head, Payment Policy and Regulation Division at the Central Bank of Nigeria (CBN), gave evidence and was cross-examined by Babatunde Fagbohunlu, SAN, counsel for Binance, the 1st defendant in the criminal charge.
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