Prof. Cyril Ndifon, the suspended Dean of the Faculty of Law, University of Calabar, UNICAL, has told Federal High Court in Abuja that he has been exonerated from sexual harassment allegations brought against him by the Independent Corrupt Practices and Other Related Offences Commission, ICPC.
Prof. Ndifon who disclosed this when he opened his defence, before Justice James Omotosho stated that the former Inspector-General of Police (IGP), Solomon Arase and former Attorney-General of the Federation (AGF) Abubakar Malami, reviewed his case and said he has “no case to answer”.
When proceedings commenced on Monday, the defense counsel, Joe Agi, SAN presented the professor as his first witness , who told the court that a student alleged he raped her twice using a condom, and the matter was reported to the police.
Ndifon said the case was moved from the Zone 8 of the Nigerian Police Force in Calabar to the state headquarters, but at both levels he was exonerated.
The professor also told the court that the Cross River state AGF, also reached a conclusion in the matter, that he had no case to answer, before sending it back to the police, who wrote to the UNICAL, on 4th August 2016.
A police report to that effect was tendered by his counsel, Agi and it was admitted in evidence but the ICPC’s counsel, Osuobeni Akponimisingha, objected to the admisibility of the document.
Records of the court proceedings at the Federal High Court, Calabar, challenging his arrest and prosecution, as also mentioned in his testimony, and other documents were also tendered before the court.
The trial court then adjourned the matter till January 14, 2025 for continuation of defense at the instance of Agi’s request for an adjournment.
The ICPC had on January 25, 2024 re-arraigned Ndifon alongside his lawyer, Sunny Anyanwu on four counts on alleged sexual harassment and attempt to perverse the cause of justice.
The Commission had alleged that Prof. Ndifon, while being the Dean of the Faculty Law, UNICAL, requested a female diploma student to send to him her “pornographic, indecent and obscene photographs of herself” to him through Whatsapp chats.
Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22, 2024 by the ICPC on allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.
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They pleaded not guilty to the charges ,the duo were denied bail twice, to enable the star witness give her defense first.
The court on February 9, 2024 however proceeded to grant Ndifon and Anyanwu N250m and N50m bail respectively with two sureties in like sum.
Justice Omotosho also dismissed the no-case submission filed on behalf of the Processor that he has case to answer
The professor claimed that the text messages between the professor and TKJ were that of “emotional feelings between two lovers and did not, in any way put either of the party under fear.”
During trial, the star witness, a female diploma student identified as TKJ who was the second prosecution witness had testified that Prof. Ndifon forced her to perform oral sex on him in exchange for help with admission into UNICAL.
However under cross-examination by the defence counsel, Joe Agi ,TKJ admitted that several allegations she made in open court, including being forced to perform oral sex on the professor were not mentioned in her original statement to the ICPC, out of “shame” and “fear.”
Also, an official of the ICPC, Lucy Chima, the first prosecution witness, had told the court that a forensic analysis carried out on the phone of the Professor revealed nude photos of several persons, including that of TKJ.
The ICPC closed its case on February 14, 2024 after presenting an exhibit keeper and forensic analyst, Fungo Bwaigu, who told the court that the dean’s phone contained WhatsApp chats, nude videos, calls, and messages involving TKJ, adding that, he was “not given TKJ’s phone by ICPC to analyze.
The trial was however adjourned, to allow the defendants to open their defence.
(Editor: Paul Akhagbemhe)
