Sexual Harassment Case: You’ve a case to answer, court tells Professor Ndifon

The Federal High Court sitting in Abuja, on Wednesday, held that the suspended Dean of the Faculty of Law, University of Calabar, UNICAL, Prof. Cyril Ndifon, who was accused of sexually harrasing his students, has a case to answer.

The court, in a ruling that was delivered by Justice James Omotosho, ordered both the university don and his lawyer, Mr Sunny Anyanwu, who is on trial for allegedly attempting to pervert the course of justice in the matter, to prepare their defence to the allegations against them.The duo are answering to a four-count amended charge that the Independent Corrupt.

Practices and Other Related Offences Commission, ICPC, preferred against them.

They had after the prosecution closed its case with the evidence of four witnesses, filed a no-case-submission wherein they sought to be discharged and acquitted of the allegations.The defendants, through their team of lawyers led by Mr. Joe Agi, SAN, among other things, contended that the ICPC failed to by way of any credible evidence, establish a prima-facie case to warrant them to enter their defence to the charge.

According to the defendants, the totality of the testimony of all the witnesses, among whom included one of the alleged victims who is a female diploma student that was simply identified as ‘TKJ’, were not sufficient or such that any court could rely upon to make a conviction.

However, in his ruling on Wednesday, Justice Omotosho dismissed the application by the defendants for want of merit.

The court further waved aside their contention that it lacked the territorial jurisdiction to entertain the case.

More so, the court held that it was satisfied that the ICPC was fully empowered by its establishment Act, to prosecute the matter.

It held that the prosecution was able to raise issues that would require further explanations from the defendants.

Nevertheless, the court held that the defendants were at liberty to rest their case on evidence already laid by the prosecution.

The judge noted that the defendants are on trial for “causing a person to send phonographic images of themselves, soliciting for nude pictures and committing acts intended to pervert the course of justice.”

He held that evidence already adduced by the prosecution revealed a prima facie that the 1st defendant (Ndifon) solicited for the nude photos of PW2 (female diploma student) with the promise of giving her admission into the Faculty of Law of UNICAL.

“The PW-1, who was one of the investigators, testified that examinations carried out on the phone of the 1st defendant reveals messages from 1st defendant to PW2 soliciting for these images.

“This court thinks these pieces of evidence requires some explanation from the ist defendant as to the purpose and intents of the messages.

“With regards to counts 3 and 4, evidence led by the prosecution shows that while the original charge was pending, the 1st defendant sent the phone number of PW2 to the 2nd defendant (Anyanwu) who was counsel to 1st defendant, to call her.

“It is alleged by the prosecution that the purpose of the call was for PW2 not to honour the invitation of the ICPC.

“Taken on its own, this piece of evidence, prima facie, establishes a case of intent to pervert the cause of justice.

“The defendants are therefore required to explain the relationship between 2nd defendant and PW2.

“These and other pieces of evidence needs the defendants to explain their side of the story,” the trial judge added.

Nonetheless, he said the ruling was not an indication that the court has found the defendants guilty of the allegations, stressing that they still enjoy the presumption of innocence that is guaranteed to them under the 1999 Constitution, as amended.

The court subsequently adjourned the matter till March 12 to enable the defendants to open their defence.

Meantime, earlier in the proceedings, Justice Omotosho varied Prof. Ndifon’s bail condition by allowing two Senior Advocates of Nigeria, SANs, to stand as his sureties.

Those that volunteered to stand surety for the defendant were a three-time Senator that represented Cross River Central Senatorial District, Victor Ndoma-Egba, SAN, and Mr Okon Efut, SAN.

The court, which remanded the defendants in prison custody, had on February 9, admitted Prof. Ndifon on bail in the sum of N250million with two sureties in the like sum.

It maintained that the sureties must own landed properties in the FCT with registered titles and a minimum valuation of N150m, adding that they must submit their certified bank statements to the Registrar of the court.

The court further directed the embattled don to surrender his international passport and also undertake not to interfere with the case.

Following his inability to meet the conditions, Ndifon re-approached the court, praying it to vary his bail terms.

He specifically urged the court to allow the two senior lawyers to stand as his sureties.

While granting the request, Justice Omotosho noted that the charge against the defendant did not contain capital offences.

Even though he did not reduce the bail bond, the trial judge admitted the two SANs to stand as sureties to the defendant.