The Federal High Court in Abuja 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. Justice James Omotosho handed down the sentence on Monday, finding Ndifon guilty on counts one and two. He imposed two-year terms on the first count and five-year terms on the second, to be served concurrently. No option for a fine was presented. Justice Omotosho determined that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had proven the first two offenses beyond a reasonable doubt. The court, however, acquitted Ndifon's co-defendant, Sunny Anyanwu. Anyanwu, a member of Ndifon's legal team, was released after the court determined that the ICPC failed to establish a link between him and the charges in counts three and four.
The ICPC first accused only Ndifon of sexual harassment. Still, on January 19, 2024, an amended charge was filed, adding Anyanwu as a second defendant on claims that he attempted to obstruct justice by contacting the key witness, designated as TKJ, during the case.
The prosecution claimed that Anyanwu called the witness while representing Ndifon and advised her not to accept the ICPC's invitation or to make any statement regarding the charges.
Counts one and two charged Ndifon with exploiting female students. According to the ICPC, while serving as Dean, he forced TKJ, a Diploma student and the primary witness, to send him explicit images over WhatsApp and urged her to perform oral sex on him many times in exchange for assistance in obtaining admission to the law program.
The committee also said that Ndifon used his position to obtain an advantage over female students.
Count three was entirely directed at Anyanwu, whereas count four covered both defendants and was about an alleged attempt to influence the outcome of justice.
The ICPC concluded its case on February 14, 2024, when its fourth witness, forensic analyst Bwaigu Fungo, finished his testimony. The defendants subsequently filed a no-case submission, claiming that the prosecution did not substantiate its charges. Justice Omotosho dismissed the submission on March 6, 2024.
Ndifon was the first defence witness to testify, followed by forensic analyst Babagana Mingali from the Office of the National Security Adviser. In his ruling, Justice Omotosho stated that the prosecution established the basic elements of counts one and two. He noted that Ndifon did not deny evidence that he pressed the witness.
The judge stated that Ndifon abused his position as Dean, especially as admission to the diploma programme fell under his purview. He also stated that Ndifon's testimony was not reliable and condemned him accordingly.
Regarding Anyanwu, the judge stated that while he contacted the witness, the call occurred months before the inquiry began and charges were filed, thus the court could not infer criminal intent. Anyanwu was consequently acquitted on both counts.
The judge also ruled that Anyanwu's interaction with a potential witness was inappropriate for a legal professional.
Justice Omotosho criticized Ndifon's conduct, stating that his acts were unacceptable for someone in his position and called for punishment to dissuade such behavior by public authorities.
As a first-time offender, Ndifon was given some leeway, but the court insisted that the punishment reflect the gravity of the offenses.