Court remands UNICAL prof suspended for sexual harassment in Kuje Correctional Centre

On Monday, a Federal High Court ruled that Prof. Cyril Ndifon, the suspended Dean of the University of Calabar’s Faculty of Law, who is accused of sexual harassment, should be placed under detention at the Kuje Correctional Centre in Abuja.

Ndifon, who is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission before Justice James Omotosho, however, pleaded not guilty to the four-count charge.

On October 30, 2023, the ICPC filed a charge against Ndifon under the file number FHC/ABJ/CR/511/23, through its counsel Ebenezer Shogunle.

In count one, the defendant was accused of violating Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, by allegedly using his office and position to satisfy his own desires between June and September 2023. Specifically, he was accused of asking a year two diploma female student at the university for nude photos and videos through Whatsapp chats at his phone number, 08037066222.

In count two, it was alleged that he had corruptly asked a 400-level female student at the Faculty of Law for naked pictures and videos, intending to replace her project supervisor with himself in order to secure good grades for her. This offence was against the law and was punishable under Section 8(1)(a) (il) of the agency’s Act.

In count three, he was accused of corruptly requesting to view the pictures of a 16-year-old female prospective post-UTME applicant in order to persuade the Faculty of Law to consider her for admission, which is against the Act’s Section 18(d).

Count four accused him of violating Section 24 of the Cybercrime (Prohibition & Prevention) Act, 2015, by encouraging a female student to send him explicit, lewd, and obscene photos of herself via WhatsApp chats on his phone number, 08037066222, between May and September 2023.

These were the alleged crimes that Ndifon committed while serving as a public official tasked with certifying students as morally and academically suitable to be admitted to the Nigeria Law School and awarded a bachelor’s degree in law.

Following the reading of the charges to him, the beleaguered professor entered a not guilty plea to all counts.Ndifon’s counsel, Okon Efut, SAN, took his bail application dated Jan. 2 and filed Jan. 3.

Efut begged the judge to grant his client bail, citing health concerns in particular. In addition, he told the court that Ndifon should be released on bail for four other reasons.

Speaking from the dock, Ndifon said: “My lord, I was supposed to have an eye surgery on Glaucoma.

These were the alleged crimes that Ndifon committed while serving as a public official tasked with certifying students as morally and academically suitable to be admitted to the Nigeria Law School and awarded a bachelor’s degree in law.

Following the reading of the charges to him, the beleaguered professor entered a not guilty plea to all counts.

Ndifon’s counsel, Okon Efut, SAN, took his bail application dated Jan. 2 and filed Jan. 3.

Efut begged the judge to grant his client bail, citing health concerns in particular.

In addition, he told the court that Ndifon should be released on bail for four other reasons.

”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 interfere 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 an affidavit of facts and he responded in the affirmative.

Anyanwu, who admitted calling Tochi Kanu on the 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 the Federal High Court here and I said I would call you later through a message.

“It was many 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 about 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 who 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 a hearing of the bail application and to enable Anyanwu to file the affidavit of facts.