A Federal High Court in Abuja has dismissed the no-case submission filed by a professor at the University of Calabar (UNICAL) Cyril Ndifon and his lawyer, Sunny Anyanwu, against the sexual harassment charges by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Ruling on Wednesday, Justice James Omotosho held that the evidence led by the prosecution constituted a prima facie case against the duo.
Justice Omotosho, therefore, ordered Ndifon and Anyanwu to enter their defence.
Ndifon and Anyanwu filed a no-case submission on February 19 after the ICPC closed its case.
The duo, through their lawyer, Joe Agi, said there was no evidence adduced by the prosecution on which the court could convict them, insisting that the commission failed to establish a prima facie case against them.
They, therefore, formulated three issues for determination.
These include, “whether the originating charge dated and filed 30th October, 2023 was initiated by due process of law to confer jurisdiction on the honourable court entitling the court to grant an order amending same and if the amended charge filed Jan. 22, is competent to confer jurisdiction on the court.
“Whether from the evidence adduced, a prima facie case has been made out against the defendants as to warrant them entering a defence.
“Whether the case of the prosecution was so damaged under cross examination that no reasonable tribunal will convict on it.”
But the commission, in opposition, filed a counter affidavit on February 23, praying the court to dismiss the application.
Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22 by the ICPC on allegation that he called TKJ, the star witness, on her mobile telephone during the pendency of the charge against Ndifon and threatened her.
ICPC’s lawyer, Osuobeni Akponimisingha, had, on February 14, announced the closure of their case after calling four witnesses.
The matter was adjourned until March 12 for the defendants to enter defence.
