Court Remands Suspended UNICAL Prof Over Alleged Sexual Harassment

A Federal High Court on Monday remanded the suspended Dean of Faculty of Law at the University of Calabar (UNICAL), Prof. Cyril Ndifon, who is charged with alleged sexual harassment, in Kuje prison.

Ndifon, facing prosecution by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) before Justice James Omotosho, pleaded not guilty to the four-count.

The charges, filed by the ICPC on October 30, 2023, against Ndifon, include allegations of using his office to solicit nude photographs and videos from female students, corruptly changing a student’s project supervisor for favourable grades, and requesting pictures of a prospective student as an inducement for admission.

The ICPC, though its counsel, Ebenezer Shogunle, had filed the charge marked: FHC/ABJ/CR/511/23 on Oct. 30, 2023 against Ndifon.

In count one, the defendant was alleged to have, between June and September 2023, used his office and position to gratify himself by soliciting for nude photographs and videos from a year 2 diploma female student of the university through Whatsapp chats on his telephone number: 08037066222, contrary to and punishable under Section 19 of the Corrupt Practices And Other Related Offences Act, 2000.

In count two, he was alleged to have corruptly requested for nude photographs and videos from a 400 level female student of the Faculty of Law with the plan of changing her project supervisor to himself in order to guarantee favourable grades for her and offence was contrary to and punishable under Section 8(1)(a) (il) of the agency’s Act.

In count three, he was alleged to have corruptly requested to see photographs of a 16-year-old prospective post UTME female student, as an inducement to consider her for admission into the Faculty of Law contrary to and punishable under Section 18(d) of the Act.

Count four accused him of causing a female student to send pornographic, indecent and obscene photographs of herself to him through Whatsapp chats on his telephone number: 08037066222 between May and September 2023, contrary to and punishable under Section 24 of the Cybercrime (Prohibition & Prevention) Act, 2015.

Ndifon, a public official responsible for certifying students as fit in learning and character as a prerequisite for the award of Bachelor’s degree in Law and admission into the Nigerian Law School, upon hearing the charges denied all counts.

In response, Ndifon’s counsel, Okon Efut, SAN, presented a bail application on Jan. 3, citing health grounds. He noted Ndifon’s need for an eye surgery for glaucoma, scheduled for January 11 as a crucial factor in seeking bail.

However, ICPC’s lawyer, Osuobeni Akponimisingha, opposed the bail application, alleging that one of Ndifon’s counsels threatened a key witness. He also argued that Ndifon’s delay in undergoing surgery, despite being granted bail by a magistrate court on Oct. 27, 2023, raised doubts about the urgency of the procedure.

During proceedings, the judge, Justice Omotosho, questioned Sunny Anyanwu, one of Ndifon’s counsels, about the alleged phone call to a witness. Anyanwu clarified that the person he called, Tochi Kanu, was not among the listed witnesses and that he had no intention of interfering with the case.

“Tochi Kanu called me. When she called me, I was at Federal High Court here and I said I will call you later through a message.
“It was many hours later I remembered somebody called me and put a call through.
“At that point, there was a network issue and I was saying hello, hello and the call was cut off.
“And that name they (ICPC) called was not in the proof of evidence. They have four witnesses,” he said.

When the judge asked him his interest in the matter, he said Ndifon was his lecturer and that he came as counsel to defend him or support the defence.

Justice Omotosho then asked Akponimisingha the name of the person that was alleged to have been called.

“The name is Tochi Kanu Jane,” he said.

The judge therefore directed Anyanwu to file his affidavit of facts for the court to decide on the issue.

But Omotosho wondered why Ndifon had not gone for the surgery since Oct. 27, 2023, when the magistrate court granted him bail.

Akponimisingha told the court that the medical report was served on them late and they were still verifying its genuineness.

Justice Omotosho, who ordered Ndifon to be remanded in Kuje Correctional Centre, adjourned the matter until Jan. 10 for hearing of the bail application and to enable Anyanwu to file the affidavit of facts.