The Federal Inland Revenue Service (FIRS) arraigned Binance Holdings Limited and its executive, Tigran Gambaryan, on Wednesday, but the case suffered a setback at the Abuja Division of the Federal High Court.

The matter, which was scheduled for arraignment before Justice Emeka Nwite, could not proceed because Mr Gambaryan was absent from court.

Mr Gambaryan, the second defendant in the four-count charge, is remanded in Kuje prison.

In the amended four-count charge marked FHC/ABJ/CR/115/2024, the FIRS dated and filed on May 17 sued Binance, Gambaryan, and Nadeem Anjarwalla as the first and third defendants, respectively.

In the fresh charge, though Anjarwalla was listed as the third defendant, the tax agency included the inscription “at large” immediately after his name.

On Friday, the judge rejected Mr Gambaryan’s application for bail in connection with another charge filed against him and the company by the Economic and Financial Crimes Commission (EFCC).

The judge, who held that the affidavit evidence presented by the EFCC against the defendant of being a flight risk was overwhelming, ordered him to be remanded in prison until the hearing and determination of the money laundering charge.

When the matter was called on Wednesday in the case filed by the FIRS, all the parties’ counsels were in court except Mr Gambaryan’s.

FIRS lawyer Moses Ideho told the court that Mr Gambaryan was supposed to be produced from custody, “but I don’t know the reason he is not here.” 

Mr Ideho added, “We have been trying to get to members of the correctional centre but we have been unable to get why they are not here. The correctional centre has the right to bring him to court.”

He prayed the court for a stand-down of the case.

Chukwuka Ikwuazo, who appeared for Mr Gambaryan, said they had been in court since 9:00 a.m. and did not see why the matter would be stood down.

He said the prosecution could not say he did not know the defendant’s whereabouts, who is in the federal government’s custody, which he represents in court.

Mr Ideho further urged the court to stand down the matter so that the court could confirm whether the prison officers were on their way or why they were not in court.

However, counsel for Binance (first defendant), Tonye Krukrubo, who disagreed with Mr Ideho’s plea for a stand-down, said he appeared under protest.

He said the government lawyer was to blame because he should have known the defendant would not be brought to court.

Responding, Mr Ideho said on the last adjourned date, though the defendants would have been arraigned, the defence counsel sought an adjournment.

“It is unfortunate he is not here, my lord, and it is not my fault,” he said.

The lawyer then sought an adjournment, pledging that the agency would communicate with the correctional centre officers to ensure that Mr Gambaryan was produced early in court.

Mr Ikwuazo called the court’s attention to the amended charge filed by the FIRS. The lawyer said Mr Ideho informed the court on the last adjourned date that a fresh charge was filed.

He said though he did not see the latest charge then, Mr Ikwuazo said Mr Anjarwalla, listed as the third defendant, is still being tagged “at large” in the amended charge.

He said this should be brought to the court’s notice because it could delay the trial.

“Under our law, when a defendant is named, he should be served the charge,” he said.

Mr Krukrubo added, “It is a constitutional requirement that a charge be read to a suspect in the language he understands. Therefore, the charge cannot be read to a ghost.”

In his response, Mr Ideho promised to do the needful as directed by the court.

The judge adjourned the matter until June 14 for arraignment.

(NAN)