By Nelson Utip
By order of The Federal High Court sitting in Abuja, Prof. Cyril Ndifon, the suspended Dean of Faculty of Law, University of Calabar (UNICAL), charged with alleged sexual harassment is to be remanded in Kuje prison.
The embattled University Don who is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) before Justice James Omotosho, however pleaded not guilty to the four-count charge but the ICPC, though its counsel, Ebenezer Shogunle, had filed the charge marked: FHC/ABJ/CR/511/23 on Oct. 30, 2023 against Ndifon.
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In count one, Prof Ndifon was alleged to have, between June and September 2023, used his office and position to gratify himself by soliciting for nude photographs and videos from a year 2 diploma female student of the university through Whatsapp chats on his telephone number: 08037066222, contrary to and punishable under Section 19 of the Corrupt Practices And Other Related Offences Act, 2000.
In count two, he was alleged to have corruptly requested for nude photographs and videos from a 400level female student of the Faculty of Law with the plan of changing her project supervisor to himself in order to guarantee favourable grades for her and offence was contrary to and punishable under Section 8(1)(a) (il) of the agency’s Act.
In count three, he was alleged to have corruptly requested to see photographs of a 16-year-old prospective post UTME female student, as an inducement to consider her for admission into the Faculty of Law contrary to and punishable under Section 18(d) of the Act.
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In the fourth count, The Don was accused of causing a female student to send pornographic, indecent and obscene photographs of herself to him through Whatsapp chats on his telephone number: 08037066222 between May and September 2023, contrary to and punishable under Section 24 of the Cybercrime (Prohibition & Prevention) Act, 2015.
All these obscurities was alleged to have been committed by Prof Ndifon while being a public officer charged with responsibility for the certification of students as fit in learning and character as a prerequisite for the award of Bachelor’s degree in Law and admission into the Nigeria Law School.
Counsel to the defendant Okon Efut, SAN, took his bail application dated Jan. 2 and filed Jan. 3 , praying the court to grant bail to his client on health grounds. He also informed the court that there were four other grounds why Ndifon should be granted bail.
From the dock, Ndifon said: “My lord, I was supposed to have an eye surgery on Glaucoma.”
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His councel told the court that it was on the basis of his health condition that the magistrate court in Calabar admitted him to bail on Oct. 27, 2023, after being in detention for about 22 days insisting that his client was to have a surgery on his eyes on January 11.
Meanwhile the ICPC Lawyer, Osuobeni Akponimisingha, opposed the application for bail instead filed a counter affidavit dated January 5.
Akponimisingha alleged that one of the counsel to Ndifon threatened the commission’s star witness on phone, stating that he has evidence to prove the threat, positing that one of the cardinal reasons for granting bail was the assurance that a defendant would not interfer with the case.
The following dialogue ensued between Justice Omotosho and the lawyer who threatened the star witness:
“What is your name?” he asked.
“Sunny Anyanwu is my name my lord,” he replied.
The judge then asked him if he would wish to respond to the allegation by filing affidavit of facts and he responded positively.
Barr. Anyanwu, however admitted that he called Tochi Kanu on phone but said that the person he called was different from the names of the four witnesses in the charge and proof of evidence.
“Tochi Kanu called me. When she called me, I was at Federal High Court here and I said I will call you later through a message.
“It was much hours later I remembered somebody called me and put a call through.
“At that point, there was a network issue and I was saying hello, hello and the call was cut off.
“And that name they (ICPC) called was not in the proof of evidence. They have four witnesses,” he said.
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Anyanwu told the judge that his interest in the matter is that Prof Ndifon was his lecturer and that he came as counsel to defend him or support the defence.
Justice Omotosho then asked Akponimisingha the name of the person that was alleged to have been called.
“The name is Tochi Kanu Jane,” he said.
The judge therefore directed Anyanwu to file his affidavit of facts for the court to decide on the issue. Omotosho expressed surprise at the fact that Prof Ndifon had not gone for the surgery since Oct. 27, 2023, when the magistrate court granted him bail.
However, Akponimisingha told the court that he doubts the authenticity of the medical report was served on them.
Justice Omotosho, ordered Prof Ndifon to be remanded in Kuje prison and adjourned the matter until Jan. 10 for hearing of the bail application and to enable Anyanwu filed the affidavit of facts.
