Sexual harassment: Court remands suspended UNICAL prof in prison

On Monday, a Federal High Court issued an order remanding Prof. Cyril Ndifon, the suspended Dean of the University of Calabar's Faculty of Law, to the Kuje Correctional Centre in Abuja. Ndifon is accused of sexual harassment.

Nevertheless, Ndifon entered a not guilty plea to the four counts against him, which are being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission before Justice James Omotosho.

The ICPC filed a charge against Ndifon on October 30, 2023, with the file number FHC/ABJ/CR/511/23, through its attorney Ebenezer Shogunle.
According to count one of the complaint, the defendant solicited naked photos and videos from a female student enrolled in the second year of diploma programme at the university through Whatsapp chats on his phone number, 08037066222. This act was against the law and could have resulted in punishment under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000. The defendant was accused of doing this between June and September of 2023.

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In count two, he was accused of corruptly requesting videos and photos of a 400-level female student at the Faculty of Law in nude condition with the intention of replacing her project supervisor with himself to ensure that she would receive good grades. The offence was allegedly against and punishable under Section 8(1)(a) (il) of the agency’s Act.
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 attorney, Okon Efut, SAN, received his bail request on January 2 and submitted it on January 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 more reasons.

Ndifon stated, "My lord, I was supposed to have an eye surgery on Glaucoma" while speaking from the dock.
After being held in custody for roughly 22 days, Efut informed the court that the magistrate court in Calabar had granted him bail on October 27, 2023, due to his health.
According to the medical report, he said, the surgery was scheduled for January 11.
Osuobeni Akponimisingha, an attorney for the ICPC, contested the bail request.

He said that the commission filed a counter-affidavit on January 5th after receiving the process.

The attorney claimed to have the call logs and claimed that one of Ndifon's solicitors had threatened the star witness for the commission over the phone.
According to Akponimisingha, one of the main justifications for setting bail was to guarantee that the offender wouldn't tamper with the legal proceedings.

He also claimed that the attorney was present in court and that his name was on the bail application that Efut had submitted.

The attorney was then invited to speak up by Justice Omotosho. "May I know your name?" he inquired.

"My name is Sunny Anyanwu, my lord," he answered.

He replied in the affirmative when the judge asked if he would like to file an affidavit of facts in response to the allegation.

Anyanwu acknowledged making a phone call to Tochi Kanu, but claimed the person he spoke with did not match the names of the four witnesses listed in the evidence and charge.
I was called by Tochi Kanu. I told her I would give you a call later via message when she called while I was at the Federal High Court in this location.

It wasn't until many hours later that I realised someone had called and connected the call.

"At that point, the call was disconnected due to a network issue while I was saying hello, hello. Moreover, the name that they (ICPC) called was not included in the evidence proof. He stated, "They have four witnesses."

He said Ndifon was his lecturer and that he came as counsel to defend him or support the defence when the judge asked about his interest in the case.

After that, Akponimisingha was asked by Justice Omotosho who the alleged person is.
He stated, "Tochi Kanu Jane is the name."

In order for the court to make a decision on the matter, the judge thus instructed Anyanwu to submit his affidavit of facts.

Omotosho, however, questioned why Ndifon had not had the surgery since the magistrate court granted him bail on October 27, 2023.

Akponimisingha informed the court that they had received the medical report late and were still confirming its authenticity.

The case was postponed until January 10 in order for Justice Omotosho to hear the bail application and give Anyanwu time to submit the affidavit of facts. Justice Omotosho had ordered Ndifon to be remanded in Kuje Correctional Centre.