After about a year and half of standing trial, a Federal High Court in Abuja has convicted the suspended Law Professor at the University of Calabar (UNICAL), Cyril Ndifon of the offence of sexual harassment.
Justice James Omotosho, in a judgment on Monday, held that the prosecution established its case against Prof Ndifon, described as the Dean of Faculty of Law, UNICAL, and sentenced him to five years imprisonment without an option of fine.
Justice Omotosho was of the view that the prosecuting agency, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), prove the offences in counts one and two beyond reasonable doubt against the 1st defendant (Ndifon).
He held that the prosecution was able to prove the ingredients of the offences in counts one and two.
The judge noted that Ndifon was unable to controvert the evidence that he unduly pressurised TKJ to perform the immoral act with her.
He said: “The victim was desirous of being admitted into the university and the first defendant was in advantage to help her being the dean and the diploma course is under his supervision,
“The instances of undue advantage are so much. The first defendant abused his office,” the judge said.
Justice Omotosho said from his observation of Ndifon, he was not a witness of truth and could not be believed by any reasonable court.
“Consequently, the 1st defendant is hereby convicted of count one and count two,” he said.
Justice Omotosho said since Ndifon was a first-time offender, he was minded to temper justice with mercy as requested by Ndifon and his lawyer, Oladimeji Ekengba.
The judge sentenced him to two years in respect of count one and five years imprisonment in relation to count two, which sentences the judge said should run concurrently.
Justice Omotosho however, discharged and acquitted the second defendant, Sunny Anyanwu. Anyanwu once served as one of Ndifon’s lawyers.
Anyanwu was later charged with his former client on an amended charge, with allegation that he attempted to pervert the course of justice by calling a prosecution witness.
As it relates to the case against Anyanwu, Justice Omotosho said the prosecution failed to link the offences in counts three and four in which his name appeared, to him.
On count three, the judge said he observed that although Anyanwu made a phone call to TKJ, this was about four months before the investigation commenced into the case and a charge preferred against Ndifon.
He said the court could not assume or speculate the intention of the second defendant at the time the act was committed.
Justice Omotosho, therefore, discharged and acquitted Anyanwu of counts three and four.
The judge berated Ndifon for his immoral conduct and condemned Anyanwu’s unprofessional act in calling a supposed witness in his client’s trial.
Justice Omotosho said: “It was with dismay I read through this case that a Dean of Law can turn himself to a sexual predator.”
He said Ndifon’s randy nature should be condemned by all.
The judge said the Law professor is a disgrace to the community of learner persons and must be made to face the wrath of the law.
He noted that Ndifon’s case would serve as a deterrent to others like him in public offices, who have the penchant for taking undue advantage of the female folks.
In the amended charge, Ndifon was accused in counts one and two of harassing some female students of the school sexually.
The ICPC claimed 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 alleged to have, on differently 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.
