COVER STORY CRIMINAL PROSECUTION 29/01/2024
ICPC Tenders UNICAL Professor’s 70 Nude Photos, Messages
After a two-month forensic analysis of call logs, videos and messages, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) has filed more than 70 evidence against a former Dean of the Faculty of Law, University of Calabar, Prof. Cyril Osim Ndifon.
Ndifon is standing trial at a Federal High Court in Abuja for alleged sexual harassment, molestation and outright rape.
The offence of gratification carries a seven-year jail term if convicted.
Four current students and five alumni testified against the law lecturer when the university raised a panel of enquiry,
ICPC has lined up 15 witnesses, mostly students, against the lecturer for a trial which may be 80-90 per cent electronically based in court.
While some claimed that he had sex with them forcibly, others alleged that he had oral sex with them.
An admission seeker, in her written statement on November 14th, 2023, admitted that the don put his genital in her mouth and had sex with her in order to get a slot to enter UNICAL.
She said on another day when she visited the don, he gave her a nylon bag with 11 used condoms to throw away.
According to ICPC, Ndifon has a case to answer for alleged abuse of office, especially when he was solely in charge of admission into the Faculty of Law.
The anti-graft commission said under the supervision of Ndifon, in UNICAL’s Direct Entry Admission for the year 2022/2023, only eight out of the 37 candidates shortlisted by the lecturer were eligible.
Ndifon, who is in addition standing trial with his counsel, Sunny Anyanwu for alleged obstruction of investigation, has pleaded on oath that he is not guilty.
He has been remanded in Kuje Centre of the Nigerian Correctional Service (NCS) pending his admission to bail.
All these details were contained in the charge sheet filed by ICPC before the Federal High Court before Justice James Omotosho.
In line with the Administration of Criminal Justice Act (ACJA) all evidence have been frontloaded and made available to all parties and their lawyers.
ICPC alleged that in “contravention of Section 8 of the Corrupt Practices Act, Ndifon unethically and habitually requested/solicited and received sexual gratification cum pleasure in exchange for grades and mark upgrades from his female students.
Other submissions of the commission are: “The Respondent (Ndifon) habitually requested for video of his students’ bodies and genitalia specifically instructing the female students on the mode and medium of delivery of same which is through WhatsApp.
“The Respondent habitually took advantage of the unequal relationship between himself and his students to cause them to perform oral sex on him under duress, thereby gratifying himself.
“The apprehension of failure in Law courses and ultimately not gaining admission into degree programme or graduating from the university with their mates created real fears in the students and they succumbed to the Respondent’s entreaties. They saw the Respondent as a larger than life phenomenon.
“That in exchange for the pleasure/gratification to satiate his sexual urge, the Respondent awarded the female students undeserving grades contrary to established university approved grading order/pattern.
“That in contravention of the Cybercrimes (Prevention and Prohibition) Act 2015, the Criminal Code and Penal Code, the Respondent wielding inordinate power in an unequal relationship with his female students caused the female students to transmit nude and pornographic videos of themselves as a currency for grades, upgrades, and admission into the University’s faculty of Law or transition from Diploma in Law Class to LLB Degree Class
On the allegation of abuse of office, ICPC alleged that Ndifon was involved in the collection of “unauthorized fees and diversion and misappropriation of students’ journal fees.
“That without the approval of the University and justifiable cause, that the Respondent imposed illegal and unjustifiable fees/levies on the students of the Faculty of Law of the University.
“That the said fees paid into a bank account personally designated by the Respondent found their ways out of the said bank account for reasons and causes unrelated to Law Journals or learning /teaching benefits.
“Additionally, there is a prima facie evidence of financial impropriety and embezzlement against the Respondent who for three years had used his position to levy various sums of money on law students for building a non-existing law journal which fund had depleted on his account and directive under Advance Fee Fraud and other Related Offences Act 2006.”
ICPC added: “The investigation revealed the following: That the investigative panel report confirmed that the Respondent did not adhere to the criteria of Direct Entry Admission for the year 2022/2023. See Annexure C441 – C584 (Panel Report).
“That the investigative panel report confirmed that only 8 candidates out of the 37 candidates shortlisted for Direct Entry Admission for the year 2022/2023 were eligible.).
“That the investigative panel report confirmed that the Respondent solely handled the admission of students from Diploma in Law Programme to the Direct Entry LL.B programme for the 2022/2023 academic year.
“That the investigative panel report also confirmed that the Respondent admitted six (6) students from Diploma in Law Programme year 1 to the Direct Entry LL.B programme year 2 for the 2022/2023 academic year without being qualified, contravening the University’s regulations . See Annexure C441 -C584 (Panel Report)
“That law students paid monies for the publication of law journal into Law Journal account number 1014459068 domiciled in a bank.
“That the investigative panel report confirmed that the Respondent had collected funds from the law students for 3 sessions without publishing and presenting them with any journal.
That the investigative panel report also confirmed that the Respondent created a website (www.calabarlawjournal.com.ng) on June 2, 2023 and updated June 3, 2023 but was empty with absolutely no papers uploaded.
“That the Law Journal account number 1014459068 domiciled in Zenith Bank had a total inflow of =N=9,498,950.01 and a total debit of =N=10,017,573.10 from January 01, 2018 to December 12, 2023.”
The commission also accused Ndifon and his lawyer of alleged moves to interfere or impede investigation.
“That the Respondent directing and acting in concert with his lawyer, Sunny Anyanwu, became meddlesome in the Commission’s investigation and made calls to the star witness of the prosecution to ask her not to respond to the officers of the commission,” the commission said.
In a 20-page statement to ICPC, the 59-year old Professor of Law faulted some of the claims of his students.
He said he did not harass or rape any student under any guise.