Justice James Omotosho of the Federal High Court in Abuja on Monday convicted and sentenced the suspended Dean of the Faculty of Law, University of Calabar, Prof. Cyril Ndifon, to five years’ imprisonment for sexually harassing a female student.
The judge held that the Independent Corrupt Practices and Other Related Offences Commission had proved counts one and two of the amended charge against Ndifon beyond reasonable doubt.
Justice Omotosho consequently handed the don a two-year jail term on count one and five years on count two, to run concurrently, without an option of fine.
He, however, discharged and acquitted Ndifon’s former lawyer, Sunny Anyanwu, of counts three and four, ruling that the ICPC failed to link the offences to him.
The judge held that the commission had successfully established the ingredients of the offences in the first two counts, noting that Ndifon could not disprove the allegation that he exerted undue pressure on the female student, identified as TKJ, to perform immoral acts.
He said, “The victim was desirous of being admitted into the university, and the 1st defendant was at an advantage to help her, being the dean. The instances of undue advantage are so much. The 1st defendant abused his office.”
According to him, Ndifon 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 ruled.
Justice Omotosho explained that although Anyanwu had contacted the star witness on phone, the call occurred about four months before the ICPC commenced investigation, making it impossible for the court to infer any intent to pervert justice at the time.
While absolving Anyanwu of wrongdoing on the charge, the judge condemned his conduct as unprofessional, describing the call to a potential witness in his client’s matter as improper.
Justice Omotosho also berated Ndifon for what he described as immoral and predatory behaviour.
He said, “It was with dismay I read through this case that a Dean of Law can turn himself into a sexual predator. His randy nature should be condemned by all. He is a disgrace to the community of learned persons.”
He added that the sentence would serve as a deterrent to public office holders who take undue advantage of female victims.
The ICPC, in the amended charge dated January 19, 2024, had accused Ndifon of demanding nude photographs from TKJ via WhatsApp and requesting oral sex from her in exchange for facilitating her admission into the Faculty of Law.
The suspended professor was also alleged to have sexually harassed other female students by using his position to secure undue advantage.
While count three was preferred solely against Anyanwu, both defendants were jointly charged in count four for allegedly attempting to influence the course of justice.
The commission closed its case on February 14 after its fourth witness, a forensic analyst, testified and was cross-examined by the defence.
However, the defence filed a no-case submission, arguing that the prosecution failed to establish the allegations. Justice Omotosho dismissed the application on March 6, ruling that both men had a case to answer.
Ndifon later testified in his defence, while CSP Babagana Mingali of the Office of the National Security Adviser appeared as the second defence witness.
