By Nchetachi Chukwuajah
The Federal High Court in Abuja has noted that the suspended Dean of Faculty of Law, University of Calabar (UNICAL), Professor Cyril Ndifon, abused his office by sexually harassing a female Diploma student.
Justice James Omotosho sentenced Ndifon to five years’ imprisonment without an option of fine in a ruling on Monday, November 17.
Justice Omotosho, while delivering judgment in the case, 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 first defendant.
He, therefore, sentenced Ndifon to a two-year jail term in count one and a five-year imprisonment in count two, which must run concurrently.
In the amended charge, the ICPC, in 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.
As a public officer, Ndifon was alleged to have sexually harassed many female students of the institution using his position to gain undue advantage over them.
Justice Omotosho observed that Ndifon was unable to contradict the evidence that he unduly pressured TKJ to perform the immoral act with her, noting that the lecturer abused his office.
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. The 1st defendant abused his office.”
The judge noted that 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.
However, Justice Omotosho discharged and acquitted Sunny Anyanwu, who was previously a member of Ndifon’s team of lawyers, of the charges against him.
He held that the ICPC was unable to link the offences in counts three and four, in which Anyanwu’s name appeared, to the co-defendant.
The ICPC had, in the amended charge dated January 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 amendment of the charges 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.
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.
On February 14, 2024, counsel to the anti-corruption commission, Osuobeni Akponimisingha, said the prosecution had closed its case against the suspended professor and Anyanwu after Bwaigu Fungo, the 4th prosecution witness, a Forensic and Intelligence Analyst with the ICPC, was cross-examined by the defence lawyer.
The defendants, however, 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 his defence, 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.
In delivering judgement, Justice Omotosho said on count three, 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 with.
The judge, however, condemned Anyanwu’s unprofessional act by calling a supposed witness in his client’s matter.
Justice Omotosho berated Ndifon’s immoral conduct, saying, “It was with dismay I read through this case that a Dean of Law can turn himself to a sexual predator.”
He added that his randy nature should be condemned by all and that his action was a disgrace to the community of learner persons and he must be made to face the wrath of the law.
The judge said this would serve as a deterrent to others like him in public office who have a penchant for taking undue advantage over the female folks.
