Justice Emeka Nwite has officially ordered the withdrawal of charges against Binance executive, Gambaryan, following a motion by the Economic and Financial Crimes Commission (EFCC). R. U. Adagba, the counsel representing the EFCC, communicated this decision in court, citing the Federal Government’s concerns regarding Gambaryan’s health and the involvement of diplomatic discussions.
Gambaryan had previously been identified as the second defendant in a case involving Binance Holdings Ltd., which was also named as the first defendant in the EFCC’s allegations. On April 8, the EFCC had arraigned both parties before Justice Nwite at a Federal High Court in Abuja. The charges included five counts related to alleged tax evasion, currency speculation, and money laundering, totaling approximately $34.4 million.
Despite multiple attempts, the court had denied Gambaryan’s bail applications on two occasions. Reports from the News Agency of Nigeria (NAN) indicate that on October 18, Justice Nwite scheduled a hearing for October 25 to receive an update on Gambaryan’s health, following statements from a Nigerian Correctional Service officer regarding his absence due to health issues.
Today’s hearing was expedited given the circumstances. Adagba informed the court that the government opted to withdraw the charges due to Gambaryan’s worsening health condition, which necessitated special considerations. She noted that a recent report from the Nigerian Correctional Service, in conjunction with the National Security Adviser’s office, indicated that Gambaryan was struggling significantly with mobility, requiring a wheelchair for assistance.
Furthermore, Adagba highlighted that Gambaryan required surgery, and the recovery process could further delay the ongoing legal proceedings. She emphasized that the government had assessed Gambaryan’s situation and recognized that as a U.S. citizen employed by Binance, his role in the case was minimal.
The prosecution’s request for withdrawal of the case took into account broader diplomatic and international matters involving the Federal Government. Adagba appealed to the court to dismiss the charges based on provisions of the Administration of Criminal Justice Act.
Both the legal representatives for Binance, Olujoke Aliu, and Gambaryan’s attorney, Mark Mordi, did not oppose the withdrawal. However, Mordi requested that the court formally acquit Gambaryan rather than simply discharge him, stressing that the rationale for withdrawal hinged on his status as a mere employee of Binance.
In his ruling, Justice Nwite granted the prosecution’s request, stating, “The application of the prosecution counsel is granted as prayed after considering the circumstances surrounding the charge.” He struck out the charges against Gambaryan, ordered his discharge, and mandated his immediate release from the Kuje Correctional Centre.
The case has been adjourned, with new dates set for November 22 and 25 for further proceedings. It was noted that Gambaryan was not present in court today.
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