Court sentences suspended UNICAL professor to 5 years in prison for sexual harassment

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 was delivered on Monday by Justice James Omotosho, who found Ndifon guilty on counts one and two.

He imposed a two-year term on the first count and a five-year term on the second, to run concurrently. No option of fine was given.

Justice Omotosho ruled that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) proved the first two counts beyond reasonable doubt.

The court, however, acquitted Ndifon’s co-defendant, Sunny Anyanwu.

Anyanwu, who had been part of Ndifon’s legal team, was discharged after the court found that the ICPC did not establish a link 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 attempted to obstruct justice by contacting the key witness, identified as TKJ, during the case.

The prosecution alleged that Anyanwu called the witness while representing Ndifon, urging her not to honour the ICPC’s invitation or make a statement on the allegations.

Counts one and two accused Ndifon of exploiting female students. The ICPC said that while serving as Dean, he pressured TKJ, a Diploma student and the principal witness, to send him explicit photographs via WhatsApp and asked her on several occasions to perform oral sex in exchange for help in securing admission into the law programme.

The commission further alleged that Ndifon used his position to gain advantage over female students.

Count three was directed solely at Anyanwu, while count four involved both defendants and related to an alleged attempt to influence the course of justice.

The ICPC closed its case on February 14, 2024, after its fourth witness, forensic analyst Bwaigu Fungo, concluded his testimony. The defendants then entered a no-case submission, arguing that the prosecution had not proved its allegations. Justice Omotosho dismissed the submission on March 6, 2024.

During the defence, Ndifon testified as the first defence witness, while forensic analyst Babagana Mingali from the Office of the National Security Adviser testified as the second.

In delivering judgment, Justice Omotosho said the prosecution established the essential elements of counts one and two.

He noted that Ndifon did not refute evidence showing that he pressured the witness.

The judge stated that Ndifon used his position as Dean, particularly because admission into the diploma programme fell under his office.

He also said that Ndifon’s testimony was not credible and convicted him accordingly.

Regarding Anyanwu, the judge noted that although he contacted the witness, the call took place months before the investigation began and before charges were filed, so the court could not infer criminal intent.

Anyanwu was therefore acquitted of both counts.

The judge also stated that Anyanwu’s contact with a potential witness was inappropriate for a legal practitioner.

Justice Omotosho criticised Ndifon’s conduct, noting that his actions were unacceptable for someone in his position and warranted punishment to deter similar behaviour by public officials.

As a first-time offender, Ndifon received some consideration, though the court maintained that the sentence must reflect the seriousness of the offences.