Federal High Court in Abuja on Monday sentenced the suspended Dean of the Faculty of Law, University of Calabar (UNICAL), Professor Cyril Ndifon, to five years’ imprisonment without an option of fine.
Justice James Omotosho held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) proved counts one and two against Ndifon beyond reasonable doubt.
The judge imposed two years’ imprisonment on count one and five years on count two. The sentences are to run concurrently.
The court, however, discharged and acquitted a former member of Prof. Ndifon’s legal team, Sunny Anyanwu, of all charges.
Justice Omotosho held that ICPC did not establish a link between Mr Anyanwu and the offences in counts three and four.
ICPC had, in an amended four-count charge dated January 19, 2024, listed Ndifon as the first defendant and Anyanwu as the second defendant.
Ndifon was the sole defendant when the case was first filed, but Anyanwu was later joined after allegations that he attempted to pervert the course of justice by calling the star witness during the pendency of the case.
Anyanwu was alleged to have called the witness, identified as TKJ, discouraging her from honouring ICPC invitations or writing a statement concerning the sexual harassment allegations against Ndifon.
Counts one and two accused Ndifon of sexually harassing female students.
ICPC alleged that while serving as dean, he asked TKJ, a diploma student, to send him “pornographic, indecent and obscene photographs” on WhatsApp.
He was also alleged to have asked her to perform sexual acts in exchange for assistance with admission into the law programme.
The commission further accused Ndifon of using his position as a public officer to obtain undue advantage from several female students.
Count three was filed solely against Anyanwu, while count four charged both defendants with attempting to influence the course of justice.
ICPC closed its case on February 14, 2024, after its fourth witness, forensic analyst Bwaigu Fungo, was cross-examined.
The defendants then filed a no-case submission, arguing that the prosecution failed to prove the allegations.
Justice Omotosho dismissed the application on March 6, 2024 and ordered them to enter their defence.
Ndifon testified as the first defence witness, while CSP Babagana Mingali, a forensic analyst at the Office of the National Security Adviser (ONSA), appeared as the second defence witness.
Delivering judgement, Justice Omotosho held that ICPC proved the essential elements of the offences in counts one and two.
He said evidence showed that Ndifon pressured TKJ to engage in acts that would give him undue advantage.
According to the judge, the victim sought admission into the university and Ndifon was in a position to influence the process.
He ruled that Ndifon was not a witness of truth and convicted him on the two counts.
On Anyanwu, the judge held that the phone call he made to TKJ occurred about four months before the investigation began.
He said the court could not speculate on the intention behind the call, and therefore discharged and acquitted him on counts three and four.
Justice Omotosho criticised Anyanwu for calling a witness in his client’s case and also condemned Ndifon’s conduct.
He stated that the sentence was expected to deter public officers who use their positions to obtain undue advantage from persons under their authority.
ICPC’s amended charge accused Ndifon of demanding obscene images from TKJ and requesting sexual favours in exchange for admission.
The commission alleged that he engaged in similar acts with other female students using his official position.
Ndifon and Anyanwu had earlier argued in their no-case submission that the prosecution failed to prove the allegations, but the court ruled otherwise.
With the judgement delivered, Cyril Ndifon will serve a five-year term based on the concurrent sentencing.
