Suspended Dean of the Faculty of Law, University of Calabar (UNICAL), Prof. Cyril Ndifon, on Monday, told Justice James Omotosho of a Federal High Court, Abuja, that he has been exonerated from sexual harassment allegations brought against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Ndifon, who opened his defence on Monday, claimed that the former Inspector-General of Police (IGP), Solomon Arase, and former Attorney-General of the Federation (AGF), Abubakar Malami, reviewed his case and said he had “no case to answer”.
The ICPC had on January 25, 2024, re-arraigned Ndifon alongside his lawyer, Sunny Anyanwu, on four counts of alleged sexual harassment and attempt to perverse the cause of justice.
The Commission had alleged that Prof. Ndifon, while being the Dean of the Faculty of Law, UNICAL, requested a female diploma student to send him her “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.
Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22, 2024, by the ICPC on the allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.
They pleaded not guilty when the charges were read to them.
The duo were denied bail twice to enable the star witness allegedly threatened by Anyanwu, to give her defence first.
The court on February 9, 2024, proceeded to grant Prof. Ndifon and Anyanwu N250m and N50m bail respectively with two sureties in like sum.
Justice Omotosho also dismissed the no-case submission filed on behalf of the Processor, which claimed that the text messages between the professor and TKJ were that of “emotional feelings between two lovers and did not, in any way put either of the party under fear.”
Delivering the ruling, Justice Omotosho held that the defendants had a case to answer and ordered that the trial should commence.
During the trial, the star witness, a female diploma student identified as TKJ (name withheld) who was the second prosecution witness (PW2) in the case, had testified that Prof. Ndifon forced her to perform oral sex on him in exchange for help with admission into UNICAL.
However, under cross-examination, Joe Agi (SAN), representing the defendants, TKJ, admitted that several allegations she made in open court, including being forced to perform oral sex on the professor were not mentioned in her original statement to the ICPC, out of “shame” and “fear.”
Also, an official of the ICPC, Lucy Ogechi Chima, the first prosecution witness, (PW1), had told the court that a forensic analysis carried out on the phone of the Professor revealed nude photos of several persons, including that of TKJ.
The ICPC closed its case on February 14, 2024, after presenting an exhibit keeper and forensic analyst, Fungo Bwaigu, who told informed the court that the dean’s phone contained WhatsApp chats, nude videos, phone calls, and text messages involving TKJ, adding that, he was “not given TKJ’s phone by ICPC to analyze.”
Justice Omotosho therefore adjourned to allow the defendants to open their defence.
At Monday’s proceedings, Agi presented the professor as his first witness (DW1), while the court urged him to step onto the witness box.
Prof. Ndifon informed the court that he used to be the dean until August 14, 2023 when he was accused by the ICPC of sexual harassment and abuse of office, leading to his suspension by the University.
He said officers of the ICPC and the Department of State Services (DSS) arrested him from his house in Calabar on October 4, 2023, saying it is over alleged violation of ICPC act in respect to an incident in 2015.
The professor said, “A student alleged I raped her twice using a condom, and the matter was reported to the police. The case was moved from the 8th division of the police in Calabar to the state headquarters, but at both levels I was exonerated.
“The Nigerian feminist group appealed to the then, IGP Solomon Arase, to look into the matter and he ordered it be moved to Abuja with me inclusive. The matter was transferred to force headquarters, Abuja and it restarted.
“When he couldn’t find anything, he advised that the matter should be sent to the AGF to review what had been done.
“The AGF then reviewed and had said I had no case to answer, but since the offenceis a state offence, it should be sent to the AGF of Cross River state.
“The Cross River state AGF, after the review, reached a conclusion that I had no case to answer before sending it back to the police who wrote to the UNICAL, on 4th August 2016 and copied me, as it was necessary to inform them,” Prof. Ndifon said.
He identified the police report while his counsel, Agi moved to tender it before the court.
ICPC’s counsel, Osuobeni Akponimisingha, objected to the document but reserved his objection to till his final address.
The court proceeded to admit the report as exhibit DWA.
Prof. Ndifon informed the court about a suit he filed at the Federal High Court, Calabar, challenging his arrest and prosecution “the same offense”
He said the then ICPC chairman, Ekpo Nta Hart, had vowed to prosecute him for rape, while speaking during a colloquim, reported by Punch newspaper, prompting him to drag the commission to court.
According to him, the court said they cannot stop a federal agency form investigation, but further informed the court that the case is still pending at the Court of Appeal.
His counsel, Agi tendered the record of the court proceedings and it was admitted as as exhibit DWB though ICPC’s counsel objected to its tendering.