Sexual Harassment: Court Sentences Suspended UNICAL Professor To Five Years Imprisonment

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The Federal High Court in Abuja on Monday, November 17, sentenced the suspended Dean of the Faculty of Law at the University of Calabar (UNICAL), Prof. Cyril Ndifon, to five years’ imprisonment without an option of fine for sexual harassment.

Justice James Omotosho ruled that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) had proved counts one and two against Ndifon beyond reasonable doubt. He imposed a two-year sentence for count one and five years for count two, to run concurrently.

The judge, however, discharged and acquitted Sunny Anyanwu—originally a member of Ndifon’s legal team—of all charges, holding that the ICPC failed to establish any link between him and the offences in counts three and four.

In the amended four-count charge filed on January 19, 2024, Ndifon was accused of sexually harassing female students while serving as Dean. The ICPC alleged that he asked a female Diploma student and key witness, identified as TKJ, to send him indecent photographs via WhatsApp and requested sexual favours, including demanding a “blow job,” in exchange for admission into the Law programme. He was also accused of exploiting his position as a public officer to gain undue advantage over multiple female students.

Anyanwu was later added as the second defendant after allegations arose that he attempted to influence the investigation by calling TKJ and advising her not to respond to ICPC invitations or provide a statement regarding the harassment allegations.

After the prosecution closed its case on February 14, 2024, the defendants filed a no-case submission, which Justice Omotosho dismissed on March 6, ordering them to open their defence. Ndifon testified as the first defence witness, followed by CSP Babagana Mingali, a forensic analyst at the Office of the National Security Adviser.

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In delivering judgment, Justice Omotosho held that the prosecution had successfully proven the essential elements of the offences in counts one and two. He noted that Ndifon failed to counter the evidence showing he pressured TKJ into immoral acts, stating:

“The victim was desirous of being admitted into the university, and the 1st defendant was in a position of advantage to help her… The instances of undue advantage are many. The 1st defendant abused his office.”

He described Ndifon as “not a witness of truth” and convicted him on both counts, noting that he considered Ndifon’s status as a first-time offender in determining the sentence.

On count three, the judge found that although Anyanwu indeed called TKJ, the call occurred four months before the investigation began. The court ruled that it could not infer criminal intent and therefore acquitted him of counts three and four. Nonetheless, Justice Omotosho condemned Anyanwu’s conduct as unprofessional and criticised Ndifon’s behaviour, stating with dismay that “a Dean of Law can turn himself into a sexual predator.” He described Ndifon as “a disgrace to the community of learned persons.”

Justice Omotosho emphasized that the sentence should serve as a deterrent to public officers who abuse their positions to victimize women.


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