Suspended UNICAL Law Dean sentenced to fve years for sexual harassment

Justice James Omotosho of the Federal High Court in Abuja has convicted the suspended Dean of the Faculty of Law at the University of Calabar, Professor Cyril Ndifon, and sentenced him to five years in prison without an option of fine.

Delivering judgment on Monday, Justice Omotosho held that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had proven beyond reasonable doubt Ndifon’s guilt in counts one and two of the charge. He sentenced Ndifon to two years in prison for count one and five years for count two, to run concurrently.

The judge, however, discharged and acquitted Sunny Anyanwu, Ndifon’s former lawyer and co-defendant, as the commission failed to link him to the offences in counts three and four.

Justice Omotosho noted that the evidence presented proved Ndifon had unduly pressured a female student identified as TKJ to perform sexual acts, taking advantage of his position as Dean of the Faculty of Law to exploit her desire for admission into the university.

“The instances of undue advantage are so many. The first defendant abused his office,” the judge said, adding that Ndifon could not be considered a credible witness.

The court observed that Ndifon’s actions constituted a serious abuse of public office and a breach of trust, describing his behavior as “that of a sexual predator” unworthy of his position.

While Ndifon was convicted, Justice Omotosho tempered the sentence with consideration of his first-time offender status, as requested by Ndifon and his lawyer, Oladimeji Ekengba.

Regarding Anyanwu, the court noted that although he had made a phone call to the star witness TKJ months before the investigation began, there was insufficient evidence to prove intent to pervert justice. Consequently, Anyanwu was discharged and acquitted of all charges, though the court condemned his unprofessional conduct in contacting the witness.

The ICPC had filed four counts against Ndifon and Anyanwu in an amended charge dated January 19, 2024. Counts one and two accused Ndifon of sexual harassment, including requesting indecent photographs and sexual favors from TKJ in exchange for university admission. Count three was against Anyanwu alone for attempting to influence the course of justice, while count four involved both defendants.

The prosecution closed its case on February 14, 2024, and the defendants initially submitted a no-case submission, which was dismissed by Justice Omotosho on March 6, 2024. Ndifon and Anyanwu then presented their defence, with Ndifon testifying as DW-1 and CSP Babagana Mingali, a Forensic Analyst with the Office of the National Security Adviser, as DW-2.

The court’s ruling serves as a stern warning to public officers who abuse their positions to exploit vulnerable individuals.