On Monday, a Federal High Court ruled that Prof. Cyril Ndifon, the suspended Dean of the Faculty of Law at the University of Calabar (UNICAL), be placed in Kuje jail for alleged sexual harassment.
Ndifon, who is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) before Justice James Omotosho, has pleaded not guilty to all four counts.
According to the News Agency of Nigeria (NAN), the ICPC filed the charge FHC/ABJ/CR/511/23 against Ndifon on October 30, 2023, through its lawyer Ebenezer Shogunle.
In count one, the defendant was accused of using his office and position to gratify himself by soliciting nude photographs and videos from a year 2 diploma female university student via Whatsapp chats on his phone number: 08037066222, in violation of and punishable under Section 19 of the Corrupt Practices And Other Related Offences Act of 2000.
In count two, he was accused of corruptly requesting nude photographs and videos from a 400-level female student of the Faculty of Law with the intention of changing her project supervisor to himself in order to ensure favourable grades for her. The offense was contrary to and punishable under Section 8(1)(a) (il) of the agency’s Act.
In count three, he was accused of corruptly requesting to see images of a 16-year-old prospective post-UTME female student as an inducement to consider her for admission to the Faculty of Law, which is illegal and punishable under Section 18(d) of the Act.
Count four accused him of causing a female student to send him pornographic, indecent, and obscene photographs of herself via Whatsapp chats on his phone number: 08037066222 between May and September 2023, which is prohibited and punishable under Section 24 of the Cybercrime (Prohibition & Prevention) Act, 2015.
These were said to have been committed by Ndifon while serving as a public servant in charge of certifying students as fit in learning and character as a prerequisite for the award of a Bachelor of Laws degree and entrance to the Nigeria Law School.
After the charge was read to him, the besieged lecturer pled not guilty to all charges.
Okon Efut, SAN, Ndifon’s counsel, took his bail application on January 2 and filed it on January 3.
Efut requested that the court admit his client to bail, notably on health grounds.
Furthermore, he advised the court that there were four other reasons why Ndifon should be given bail.
Speaking from the dock, Ndifon said:
“My lord, I was supposed to have an eye surgery on Glaucoma.”
Efut 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.
He said based on the medical report, the surgery was expected to be carried out on Jan. 11.
ICPC Lawyer, Osuobeni Akponimisingha, opposed the application for bail.
He said on receipt of the process, the commission filed a counter affidavit dated and filed Jan. 5.
The lawyer, who alleged that one of the counsel to Ndifon threatened the commission’s star witness on phone, said they were in possession of the call logs.
Akponimisingha argued that one of the cardinal reasons for granting bail was the assurance that a defendant would not interfer with the case.
He further alleged that the lawyer’s name was in the bail application filed by Efut and that he was also at the court sitting.
Justice Omotosho then asked the lawyer to come forward.
“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 in affirmative.
Anyanwu, who admitted calling Tochi Kanu on phone, said 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.
When the judge asked him his interest in the matter, he said 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.
But Omotosho wondered why Ndifon had not gone for the surgery since Oct. 27, 2023, when the magistrate court granted him bail.
Akponimisingha told the court that the medical report was served on them late and they were still verifying its genuineness.
Justice Omotosho, who ordered Ndifon to be remanded in Kuje Correctional Centre, adjourned the matter until Jan. 10 for hearing of the bail application and to enable Anyanwu filed the affidavit of facts. (NAN)