By Abiola Olawale
The Federal High Court sitting in Abuja, on Monday, granted an interim order to remand Tigran Gambaryan, a representative of Binance Ltd at the Nigerian Correctional Service pending the determination of his bail application.
The court also struck out the argument of Gambaryan who claimed he was not an agent of Binance Ltd.
The New Diplomat reports that during court proceedings last Thursday, Gambaryan’s lawyer, Mark Mordi SAN had argued before the court that his client cannot take his plea because he refused to accept service on behalf of Binance as he is not authorized to do so.
According to him, the Administration of Criminal Justice Act mandates the antigraft agency to ensure that the company, Binance would have been served, then the company would appoint a representative in writing, and it is only then can service and processes can be served on Binance.
He added, “his client is not an executive of Binance and does not reside in Nigeria to qualify as an agent.
However, the presiding judge, Justice Emeka Nwite, in his ruling on Monday held that Section 478 of the Administration of Criminal Justice Act, states that a person effecting service shall affect same to a chief agent of a company within jurisdiction among others.
He said all the prosecution needs to do is to establish that the person being served is an agent of Binance.
The judge also observed that Gambaryan’s lawyers had deposed in an affidavit along with Nadeem, that they “visited Nigeria to attend a meeting with Nigerian government officials on behalf of Binance.”
Nwite ruled, “Does the second defendant qualify as an agent of Binance?
“From the above statement, the second defendant is the duly appointed representative of Binance. The second defendant is bound to receive a summons on behalf of Binance.
“The service of the second defendant on behalf of the first defendant is a proper service. The court should proceed with the arraignment of the defendants.”
After the judge’s ruling, the registrar of the court read out the five-count charges to Gambaryan who pleaded not guilty to all of them, for himself and Binance.
After hearing the lawyers, the judge adjourned EFCC’s case to May 2, 2024, for trial and 18, April 2024 for bail application.
