iDeemlawfulThe Federal High Court in Abuja sentenced Prof. Cyril Ndifon, suspended Dean of Faculty of Law, University of Calabar (UNICAL), to five years’ imprisonment without an option of fine.
Justice James Omotosho, in a judgment, on Monday, held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had been able to prove the evidence in counts one and two beyond a reasonable doubt against the 1st defendant.
Justice Omotosho, therefore, sentenced Ndifon to a two-year jail term in count one and a five-year imprisonment in count two, which must run concurrently.
The judge, however, discharged and acquitted Sunny Anyanwu, who was earlier a member of Ndifon’s team of lawyers, of the charges against him.
He held that the anti-corruption commission was unable to link the offences in counts three and four, in which Anyanwu’s name appeared, to the co-defendant.
The News Agency of Nigeria (NAN) reports that the ICPC had, in the amended charge dated Jan. 19, 2024, preferred four counts against Ndifon (1st defendant) and his lawyer, Sunny Anyanwu (2nd defendant)
Although Ndifon was initially the sole defendant in the sexual harassment charge, Anyanwu was later joined as 2nd defendant in the amended charge.
The development followed allegations that Anyanwu had attempted to pervert the course of justice by calling the star witness on her mobile phone during the pendency of the charge against Ndifon to threaten her.
Anyanwu, while being a lawyer to Ndifon, was said to have called TKJ not to either honour the ICPC’s invitation or write any statement in respect of the allegations of sexual harassment case against his client.
In the amended charge, counts one and two accused the professor of sexually harassing some female students of the school.
The commission said that Ndifon, while serving as the Dean of the Faculty of Law at UNICAL, asked a female Diploma student, identified as TKJ and a star witness, to send him “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.
He was also accused of having, on different occasions, asked TKJ to give him “a blow job” as an exchange for gaining admission into the institution to study law.
Ndifon, a public officer, was alleged to have sexually harassed many female students of the institution using his position to gain undue advantage over them.
While count three was preferred solely against Anyanwu, the two defendants were accused of attempting to influence the course of justice in count four of the charge.
The anti-corruption commission had, on Feb. 14, 2024, closed its case against the suspended professor and Anyanwu.
ICPC counsel, Osuobeni Akponimisingha, told Justice Omotosho after Bwaigu Fungo, the 4th prosecution witness, a Forensic and Intelligence Analyst with the commission, was cross-examined by the defence lawyer.
But the defendants opted for a no-case submission, arguing that the prosecution had failed to sufficiently prove the allegations against them.
But Justice Omotosho had, on March 6, 2024, dismissed the no-case submission filed by Ndifon and Anyanwu against the charge.
In defending himself, Ndifon testified as the first defence witness (DW-1), while CSP Babagana Mingali, a Forensic Analyst who works at the laboratory of the Office of the National Security Adviser (ONSA), gave his testimony as DW-2.
Delivering the judgment, the judge said the commission had been able to prove the ingredients of the offences in counts one and two.
He observed that Ndifon was unable to controvert the evidence that he unduly pressurised TKJ to perform the immoral act with her.
He said: “The victim was desirous of being admitted into the university and the 1st defendant was in advantage to help her being the dean and the diploma course is under his supervision.
“The instances of undue advantage are so much. The 1st defendant abused his office.”
According to him, the court observes the 1st defendant and sees that the 1st defendant is not a witness of truth and cannot be believed by any reasonable court.
“Consequently, the 1st defendant is hereby convicted of count one and count two,” he said.
The judge said being a first-time offender, he was minded to temper justice with mercy as prayed by Ndifon and his lawyer, Oladimeji Ekengba.
On count three, the judge said he observed that although Anyanwu made a phone call to TKJ, this was about four months before the investigation commenced into the case and a charge preferred against Ndifon.
He said the court cannot assume or speculate the intention of the 2nd defendant at the time the act was committed.
Justice Omotosho, therefore, discharged and acquitted Anyanwu of count three and likewise count four which both the defendants were charged.
The judge, however, condemned Anyanwu’s unprofessional act by calling a supposed witness in his client’s matter.
Also Justice Omotosho berated Ndifon’s immoral conduct.
He said: “It was with dismay I read through this case that a Dean of Law can turn himself to a sexual predator.”
He said his randy nature should be condemned by all.
According to the judge, he is a disgrace to the community of learned persons and must be made to face the wrath of the law.
He said this would serve as a deterrent to others like him in public office who have penchant for taking undue advantage over the female folks.
