The court registrar called the case, but Gambaryan did not step forward from his seat in the back row. Justice Nwite inquired about his whereabouts, prompting one of the defense lawyers to assist Gambaryan towards the dock. As they walked slowly, Gambaryan suddenly slumped, and the lawyer helped him sit in the front row.

Mark Mordi, SAN, Gambaryan's lawyer, explained to the court that his client was unwell and a written application had been filed to notify the court of his condition. "My lord, the case may not certainly proceed today," Mordi stated.

Throughout the proceedings, the News Agency of Nigeria (NAN) observed that Gambaryan rested heavily on the arm of his seat, indicating his poor health. This development followed the court's decision on May 16 to dismiss Gambaryan's bail application. The Economic and Financial Crimes Commission (EFCC) successfully argued that Gambaryan, who is currently remanded at Kuje Correctional Centre, posed a flight risk if granted bail.