The suspended Dean of the Faculty of Law, University of Calabar (UNICAL), Prof. Cyril Ndifon on Monday, opened his defence in the sexual harassment allegations preferred against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Ndifon, while being led in evidence as first defence witness (DW-1) by his lawyer, Joe Agi, SAN, told a Federal High Court sitting in Abuja that he was earlier exonerated from the allegations by the former Inspector General of Police (IGP), Solomon Arase, and former Attorney General of the Federation (AGF), Abubakar Malami, SAN.
He said, both the IGP and the former AGF reviewed his case and said he had, “no case to answer.”
The ICPC had, on January 25, 2024, re-arraigned Ndifon alongside his lawyer, Sunny Anyanwu, on a four-count charge, bordering on alleged sexual harassment and an attempt to perverse the cause of justice.
The commission had alleged that Ndifon, while being the Dean of the Faculty of Law, UNICAL, requested a female Diploma student to send him her “pornographic, indecent and obscene photographs of herself” through WhatsApp chats.
Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22, 2024, by the ICPC on allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.
The duo who pleaded not guilty to the charges preferred against them were denied bail twice, to enable the star witness, allegedly threatened by Anyanwu, to give her evidence.
Justice Omotosho had, on February 9, 2024, granted Prof. Ndifon and Anyanwu N250 million and N50 million bail respectively with two sureties in like sum.
The Judge dismissed the no-case submission filed by the duo and adjourned to allow the defendants to open their defence.
At Monday’s proceedings, Ndifon informed the court that he used to be the dean until August 14, 2023, when he was accused by the ICPC of sexual harassment and abuse of office, leading to his suspension by the University.
He said officers of the ICPC and the Department of State Services (DSS) arrested him in his residence in Calabar on October 4, 2023, over alleged violation of ICPC Act in respect of an incident in 2015.
“A student alleged I raped her twice, using a condom, and the matter was reported to the police. The case was moved from the 8th Division of the Police in Calabar to the state headquarters, but at both levels, I was exonerated.
“The Nigerian feminist group appealed to the then, IGP Solomon Arase, to look into the matter and he ordered it be moved to Abuja with me inclusive. The matter was transferred to Force Headquarters, Abuja and it restarted.
“When he couldn’t find anything, he advised that the matter should be sent to the AGF to review what had been done. The AGF then reviewed and said I had no case to answer, but since the offence is a state offence, it should be sent to the Attorney General (AG) of Cross River State.
“The Cross River State AG, after the review, reached a conclusion that I had no case to answer before sending it back to the police who wrote to the UNICAL, on 4th August 2016 and copied me, as it was necessary to inform them,” he said.
He identified the police report when his counsel, Agi, moved to tender it before the court.
ICPC’s lawyer, Osuobeni Akponimisingha, objected to the document but reserved his objection till his final address and
the court proceeded to admit the report as Exhibit DWA.
Ndifon also informed the court about a suit he filed at the Federal High Court, Calabar, challenging his arrest and prosecution on the same offence.
He said, the then ICPC Chairman, Ekpo Nta, had vowed to prosecute him for rape, while speaking during a colloquium, reported by a newspaper, prompting him to drag the commission to court.
According to him, the court said they cannot stop a federal agency from investigation and added that the case is still pending at the Court of Appeal.
Agi tendered the record of the court proceedings and it was admitted as Exhibit DWB though ICPC’s counsel objected to its tendering.
The court, after Ndifon’s testimony, adjourned the matter till January 14 for continuation of defence.
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