A Federal High Court in Abuja has ordered that Cyril Ndifon, the suspended dean of the Faculty of Law, University of Calabar be remanded in Kuje Correctional Centre, Abuja.
Mr Ndifon, a professor of law, was suspended as dean of the faculty after some female students of the faculty held a protest rally, accusing him of sexual harassment.
The lecturer, who had since denied the allegation, claimed that some of his colleagues uncomfortable with his style of leadership manipulated the students against him.
But an investigation panel set up by the university indicted him of sexual assault.
Counts charge
Mr Ndifon is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which filed a four-count charge against the professor in October.
In count one, Mr Ndifon was alleged to have, between June and September 2023, used his office and position to gratify himself by soliciting for nude photographs and videos from a year 2 Diploma female student of the university through WhatsApp chats on his telephone number.
ICPC said the offence is punishable under Section 19 of the Corrupt Practices And Other Related Offences Act, 2000.
In count two, he was alleged to have corruptly requested nude photographs and videos from a 400 level female student of the Faculty of Law with the plan of changing her project supervisor to himself in order to guarantee favourable grades for her, contrary to and punishable under Section 8(1)(a) (il) of the agency’s Act.
In count three, he was alleged to have corruptly requested to see nude photographs of a 16-year-old prospective post-UTME female student, as an inducement to consider her for admission into the Faculty of Law contrary to and punishable under Section 18(d) of the Act.
He is accused, in count four, of causing a female student to send pornographic, indecent and obscene photographs of herself to him through WhatsApp chats on his telephone number between May and September 2023, an offence contrary to and punishable under Section 24 of the Cybercrime (Prohibition & Prevention) Act, 2015.
Mr Ndifon was alleged to have committed the offences while serving as a public officer charged with responsibility for the certification of students as fit in learning and character as a prerequisite for the award of a Bachelor’s degree in Law and admission into the Nigeria Law School.
The university lecturer pleaded not guilty to all the four-count charge read to him when he appeared before the court on Monday, the Punch newspaper reported.
Bail application
His lawyer, Okon Efut, a Senior Advocate of Nigeria, prayed the court to admit his client to bail, particularly on health grounds.
Speaking from the dock, Mr Ndifon said: “My lord, I was supposed to have an eye surgery on Glaucoma.”
Mr Efut, the professor’s lawyer, told the court that it was on the basis of his health condition that the magistrate court in Calabar admitted his client to bail on 27 October, 2023, after being in detention for about 22 days.
He said based on the medical report, the eye surgery was expected to be carried out on 11 January.
But ICPC lawyer, Osuobeni Akponimisingha, opposed the application for bail.
He said on receipt of the process, the commission filed a counter affidavit dated and filed on 5 January
The lawyer alleged that one of the counsels to Mr Ndifon threatened the commission’s star witness on phone and said they were in possession of the call logs.
Mr Akponimisingha argued that one of the cardinal reasons for granting bail was the assurance that a defendant would not interfere with the case.
He further said that the name of the lawyer who threatened the ICPC witness was in the bail application filed by Mr Efut and that he was also at the court sitting.
The judge, James Omotosho, consequently, asked the lawyer to come forward. “What is your name?” he asked.
“Sunny Anyanwu is my name, my lord,” he replied.
Following the judge’s enquiry during the hearing on Monday, Mr Anyanwu accepted to respond to the allegation by filing an affidavit of facts.
Mr Anyanwu admitted calling one Tochi Kanu on the phone, but said the person he called was different from the names of the four witnesses in the charge and proof of evidence.
When the judge asked him about his interest in the matter, he said Mr Ndifon was his lecturer and that he came as counsel to defend him or support the defence.
The judge, Mr Omotosho then asked Mr Akponimisingha the name of the person who was alleged to have been called.
“The name is Tochi Kanu Jane,” he replied.
The judge consequently directed Mr Anyanwu to file his affidavit of facts for the court to decide on the issue.
Justice Omotosho wondered why Mr Ndifon had not gone for the surgery since 27 October 2023, when the magistrate court granted him bail.
Mr Akponimisingha, the ICPC lawyer, told the court that Mr Ndifon’s medical report was served on the commission late and that they were still verifying its genuineness.
Justice Omotosho ordered that Mr Ndifon be remanded in Kuje Correctional Centre.
He adjourned the matter until 10 January for a hearing of the bail application and to enable Mr Anyanwu to file his affidavit of facts.
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