Cyril Ndifon, a law professor and suspended dean of the Faculty of Law at the University of Calabar (UNICAL), opened his defence on Monday in the alleged sexual harassment case.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) charged the lecturer with alleged sexual harassment and an attempt to perverse the cause of justice.
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Mr Ndifon, while being led in evidence as first defence witness (DW-1) by his lawyer, Joe Agi, SAN, told Justice James Omotosho of the Federal High Court, Abuja, that he was earlier exonerated from the allegations by the former Inspector-General of Police (IGP), Solomon Arase, and a former Attorney-General of the Federation (AGF), Abubakar Malami.
He said the duo reviewed his case and said he had “no case to answer.”
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Background
The News Agency of Nigeria (NAN) reports that the ICPC had, on 25 January 2024, re-arraigned Mr Ndifon alongside his lawyer, Sunny Anyanwu.
The commission had alleged that Mr Ndifon, while being the dean of the Faculty Law, UNICAL, requested a female diploma student to send him “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.
Mr Anyanwu, one of the defence lawyers, was joined in the amended charge filed on 22 January 2024 by the ICPC on the allegation that he threatened one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Mr Ndifon.
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They, however, pleaded not guilty to the charge.
The duo were denied bail twice to enable the star witness, allegedly threatened by Mr Anyanwu, to give her evidence.
Justice Omotosho granted Messrs Ndifon and Anyanwu N250 million and N50 million bail, respectively, with two sureties in like sum on 9 February 2024.
The judge also dismissed the duo’s no-case submission and adjourned to allow the defendants to open their defence.
What the professor told the court
At Monday’s proceedings, Mr Ndifon informed the court that he used to be the dean until 14 August 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 State Security Services arrested him in his residence in Calabar on 4 October 2023 over an alleged violation of the ICPC Act in respect of an incident in 2015.
“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 be sent to the AGF to review what had been done.
“The AGF then reviewed and said I had no case to answer, but since the offence is a state offence, it should be sent to the AGF of Cross River State.
“The Cross River State AG, 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,” he said.
He identified the police report when his counsel, Mr Agi, moved to tender it before the court.
ICPC’s lawyer, Osuobeni Akponimisingha, objected to the document but reserved his objection until his final address.
The court proceeded to admit the report as Exhibit DWA.
Mr Ndifon also informed the court about a suit he filed at the Federal High Court, Calabar, challenging his arrest and prosecution on the same offence.
He said the then ICPC chairperson, Ekpo Nta, had vowed to prosecute him for rape, while speaking during a colloquium, reported by a newspaper, prompting him to drag the commission to court.
According to him, the court said it could not stop a federal agency from investigating, but he further informed the court that the case was still pending at the Court of Appeal.
Mr Agi tendered the record of the court proceedings, which was admitted as Exhibit DWB, though ICPC’s counsel objected to its tendering.
Suggestion of conspiracy
Mr Ndifon accused a member of the prosecution team, Adekunle Sogunle, who was also part of his initial investigators, of having a personal interest in his case.
“I met him during the initial investigation. He is the head of Legal Unit. I am aware he did not attend the University of Calabar. He attended UNIJOS, he is not a politician, he has not made any donation to UNICAL,” the professor said.
“He was the one who signed the first charge that brought me to court. However, interestingly, he was given an award by the university,” he said.
He informed the court that he misplaced the original copy of the dinner award programme with Mr Sogunle’s picture but identified the photocopy.
He also informed the court that the students of his faculty welcomed him when he returned to the university after his initial accusation, providing picture evidence and a certificate of compliance for the picture.
He said he had contested for the position of dean twice and won.
Justice Omotosho admitted the photocopy of the dinner award and the pictures as Exhibits DWC and DWD, respectively, while the certificate of compliance was marked as Exhibit DWD6, despite an objection by the prosecution counsel.
He also said the then acting dean had, in 2018, accused him of robbery and threat to life, alleging that he came to her house to rob her.
The professor said he was invited to the police station on 12 June 2018 and tendered the invitation before the court.
READ ALSO:Sexual Harassment: While Ndifon faces trial, another accused professor walks freely
The judge admitted the document as Exhibit DWE, while the prosecution counsel did not object to its admission.
When asked if the ICPC was under the AGF, he answered in the affirmative, saying he informed them of the letter exonerating him, but they said it did not matter.
Justice Omotosho adjourned the matter until 14 January for continuation of defence.
(NAN)
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