The Federal High Court in Abuja has sentenced Cyril Ndifon, the suspended Dean of the Faculty of Law at the University of Calabar (UNICAL), to five years in prison for sexual harassment. The judgment, delivered on Monday by Justice James Omotosho, found Ndifon guilty on counts one and two. He was sentenced to two years on the first count and five years on the second, with both terms to run concurrently. The court did not offer an option of a fine.
Justice Omotosho held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) proved the first two charges beyond reasonable doubt. However, the court acquitted Ndifon’s co-defendant, Sunny Anyanwu.
Anyanwu, a member of Ndifon’s legal team, was discharged after the court determined that the ICPC failed to establish a connection between him and the offences in counts three and four. The ICPC initially charged only Ndifon with sexual harassment, but an amended charge dated January 19, 2024, added Anyanwu as a second defendant based on allegations that he tried to obstruct justice by contacting the key witness, identified as TKJ, during the investigation.
The prosecution alleged that while representing Ndifon, Anyanwu called the witness and advised her not to honour the ICPC’s invitation or make a statement regarding the allegations.Counts one and two accused Ndifon of exploiting female students. The ICPC said that as Dean, he pressured TKJ, a Diploma student and principal witness, to send him explicit photographs via WhatsApp and repeatedly requested oral sex in exchange for assistance in securing admission into the law programme. The commission further alleged that Ndifon used his office to take advantage of female students.
Count three was directed solely at Anyanwu, while count four involved both defendants and related to an alleged attempt to influence the investigation.The ICPC closed its case on February 14, 2024, after its fourth witness, forensic analyst Bwaigu Fungo, completed his testimony. The defence then filed a no-case submission, arguing that the prosecution had not proved its case. Justice Omotosho dismissed the submission on March 6, 2024.During the defence, Ndifon testified as the first witness, followed by forensic analyst Babagana Mingali from the Office of the National Security Adviser.
In delivering the verdict, Justice Omotosho said the prosecution had successfully established the key elements of the first two counts. He noted that Ndifon failed to challenge the evidence showing that he pressured the witness and emphasized that Ndifon used his position as Dean, particularly since admission into the diploma programme fell under his office. He added that Ndifon’s testimony lacked credibility and convicted him accordingly.
On Anyanwu, the judge noted that although he contacted the witness, the call occurred months before the investigation began and before any charges were filed, making it insufficient to infer criminal intent. He added that the contact was nonetheless inappropriate for a lawyer. Justice Omotosho condemned Ndifon’s conduct, saying his behaviour was unacceptable for someone in his role and deserved punishment to deter similar misconduct by public officials. As a first-time offender, Ndifon received some consideration, but the court maintained that the sentence had to reflect the gravity of the offences.
Source: https://businessday.ng/
