A Federal High Court in Abuja on Monday sentenced Prof. Cyril Ndifon, suspended Dean of Law at UNICAL, to five years in prison without the option of a fine.
Justice James Omotosho, in a judgment, held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had been able to prove the evidence in counts one and two beyond a reasonable doubt against the 1st defendant.
Justice Omotosho, therefore, sentenced Ndifon to a two-year jail term in count one and a five-year imprisonment in count two, which must run concurrently.
The judge, however, discharged and acquitted Sunny Anyanwu, who was earlier a member of Ndifon’s team of lawyers, of the charges against him.
He held that the anti-corruption commission was unable to link the offences in counts three and four, in which Anyanwu’s name appeared, to the co-defendant.
The News Agency of Nigeria (NAN) reports that the ICPC had, in the amended charge dated January 19, 2024, preferred four counts against Ndifon (1st defendant) and his lawyer, Sunny Anyanwu (2nd defendant).
Although Ndifon was initially the sole defendant in the sexual harassment charge, Anyanwu was later joined as 2nd defendant in the amended charge.
The development followed allegations that Anyanwu had attempted to pervert the course of justice by calling the star witness on her mobile phone during the pendency of the charge against Ndifon to threaten her.
Anyanwu, while being a lawyer to Ndifon, was said to have called TKJ not to honour the ICPC’s invitation or write any statement in respect of the allegations of sexual harassment case against his client.
In the amended charge, counts one and two accused the professor of sexually harassing some female students of the school.
The commission said that Ndifon, while serving as the Dean of the Faculty of Law at UNICAL, asked a female Diploma student, identified as TKJ and a star witness, to send him “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.
He was also accused of having, on different occasions, asked TKJ to give him “a blow job” as an exchange for gaining admission into the institution to study law.
Ndifon, a public officer, was alleged to have sexually harassed many female students of the institution using his position to gain undue advantage over them.
While count three was preferred solely against Anyanwu, the two defendants were accused of attempting to influence the course of justice in count four of the charge.
The anti-corruption commission had, on February 14, 2024, closed its case against the suspended professor and Anyanwu.
ICPC counsel, Osuobeni Akponimisingha, told Justice Omotosho after Bwaigu Fungo, the 4th prosecution witness, a Forensic and intelligence Analyst with the commission, was cross-examined by the defence lawyer.
But the defendants opted for a no-case submission, arguing that the prosecution had failed to prove the allegations against them sufficiently.
However, Justice Omotosho had, on March 6, 2024, dismissed the no-case submission filed by Ndifon and Anyanwu in relation to the charge.
In defending himself, Ndifon testified as the first defence witness (DW-1). At the same time, CSP Babagana Mingali, a Forensic Analyst, who works at the laboratory of the Office of the National Security Adviser (ONSA), gave his testimony as the DW-2.
Delivering the judgment, the judge said the commission had been able to prove the ingredients of the offences in counts one and two.
He observed that Ndifon was unable to controvert the evidence that he had unduly pressured TKJ into performing the immoral act with her.
According to him, the court observes the 1st defendant and concludes that the 1st defendant is not a credible witness and cannot be believed by any reasonable court.
The judge said that, being a first-time offender, he was inclined to temper justice with mercy, as requested by Ndifon and his lawyer, Oladimeji Ekengba.
On count three, the judge stated that he observed that although Anyanwu made a phone call to TKJ, this occurred approximately four months before the investigation commenced into the case, and a charge was preferred against Ndifon.
He said the court cannot assume or speculate on the intention of the 2nd defendant at the time the act was committed.
Justice Omotosho, therefore, discharged and acquitted Anyanwu of count three and count four, which were both charges against the defendants.
The judge, however, condemned Anyanwu’s unprofessional act by calling a supposed witness in his client’s matter.
Also, Justice Omotosho berated Ndifon’s immoral conduct.
He said: “It was with dismay I read through this case that a Dean of Law can turn himself into a sexual predator.”
He said all should condemn his randy nature.
According to the judge, he is a disgrace to the community of law-abiding individuals and must face the full wrath of the law.
He said this would serve as a deterrent to others like him in public office who have a penchant for taking undue advantage of the female folks.
