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Court dismisses no case submission by suspended UNICAL dean
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By Francesca Hangeior
A Federal High Court in Abuja on Wednesday dismissed the no-case submission by the suspended Dean of the Faculty of Law at the University of Calabar, Prof. Cyril Ndifon, and his lawyer, Sunny Anyanwu.
The professor is currently standing trial on four amended counts of alleged sexual harassment and gratification preferred against him by the Independent Corrupt Practices and Other Related Offences Commission.
His lawyer, Anyanwu, was alleged to have harassed the ICPC’s star witness.
On February 19, their lawyer, Joe Agi (SAN), filed a no-case submission urging the court to discharge and acquit them.
The duo contended that there was no evidence adduced by the prosecution on which the court could convict them, insisting that the commission failed to establish a prima facie case against them.
Specifically, the professor claimed that the series of chats between him and TKJ, a diploma graduate suggested a consensual relationship between them.
In the chats, the professor noted that they conveyed their love, affection, and concern for each other’s safety.
But the commission, in opposition, filed a counter affidavit on Feb. 23, praying the court to dismiss the application.
Justice James Omotosho, in a ruling, held that the evidence led by the prosecution constituted a prima facie case against the duo.
Justice Omotosho, therefore, ordered Ndifon, the suspended dean, and Anyanwu to enter their defence.
The judge said that though the provision of the ICPC Act relied upon by Agi showed that FHC was not mentioned as a court with jurisdiction over the Act, he said that the court was bound by the decision of the Supreme Court in the case of Aweto Vs. FRN(2018) where it cited provisions of the ICPC Act, 2000 and Section 251 of the 1999 Constitution (as amended).
“The purpose of the above decision is that the Federal High Court has the requisite jurisdiction to entertain matters based on the Corrupt Practices Act 2000.
“This is premised on the powers of the Federal High Court under Section 251 of the 1999 Constitution vesting it with exclusive jurisdiction over civil and criminal matters involving federal agencies.
“The ICPC is a federal agency and likewise the 1st defendant is a public officer in a federal institution. All these factors make this court a proper venue to try the offences,” he said.
On the issue of territorial jurisdiction, the judge disagreed with the defence counsel that the court was not the right venue for the trial since the cause of action arose in Cross River.
Citing Order 2 Rules 2 and 3 of the FHC (Civil Procedure) Rules, 2019, Justice Omotosho held that a suit could be commenced in any judicial division of the FHC.
On whether the ICPC had powers to investigate and prosecute offences under the Cybercrimes Act, 2015, he said the commission is a prime federal law enforcement agency with the mandate of investigating and prosecuting offences of corruption, fraud, bribery, and abuse of office by public officers, going by its Act under Section 47.
Justice Omotosho said the evidence so far led by the prosecution shows prima facie that the 1st defendant (Ndifon) solicited the nude photos of PW2 (female diploma student) with the promise of giving her admission into the Faculty of Law of the University of Calabar.
“PW1 who was one of the investigators testified that examinations carried out on the phone of the Ist defendant reveal messages from 1st defendant to PW2 soliciting for these images.”
The judge, however, said that holding that a prima facie case has been established does not necessarily imply that the court finds the defendants guilty of the charge.
“Consequently, this objection is overruled. In the final analysis, the no-case submission of the defence is likely to fail as the evidence led by the prosecution constitutes a prima facie case against the defendants.
“Consequently, the no-case submission is overruled and the defendants are ordered to enter their defence,” Justice Omotosho declared.
The matter was adjourned until March 12 for the defendants to enter a defence.
The Permanent Chairman of the Southern Nigerian Traditional Rulers Council (SNTRC), Arole Oodua Olofin Adimula and the Natural Head of the Oduduwa race worldwide, the Ooni of Ife, Ooni Adeyeye Enitan Ogunwusi, Ojaja II, has rubbished reports circulating on social media alleging that he conferred a chieftaincy title on popular Nollywood actor and comedian, James Olanrewaju, popularly known as Baba Ijesha.
In a statement on Saturday by the Director of Media and Public Affairs, Ooni’s Palace, Otunba Moses Olafare said the Ooni clarified that although he warmly received the actor and his wife at the Ile Oodua Palace on Wednesday to celebrate the birth of his son and presented him with a brand-new car and cash gifts as a demonstration of his fatherly love and royal generosity, no chieftaincy title was conferred on him.
According to him, the expression “Awada Konge Oduwa,” which Baba Ijesha later described on his social media pages as a chieftaincy title, was merely a light-comedy remark made by the Ooni during a relaxed interaction in recognition of the actor’s outstanding career as a comedian.
The remark was never intended to constitute a formal installation or conferment of a traditional title.
The Ooni noted that Baba Ijesha, as an indigene of Ile-Ife and a proud son of the source, is deserving of honour and could be considered for a chieftaincy title in the future.
However, no such title has been conferred on him.
“The conferment of chieftaincy titles in Ile-Ife remains a sacred traditional process governed by established customs, consultations and traditional rites, which are publicly conducted in accordance with the age-long traditions of the source. None of these customary procedures took place during the actor’s visit to the Palace, “he said.
While appreciating Baba Ijesha for acknowledging the royal kindness extended to him and his family, the Ooni urged media organisations and members of the public to disregard reports claiming that the actor has been installed as the “Awada Konge Oduwa” or conferred with any chieftaincy title.
The Ooni reaffirmed his commitment to celebrating and supporting deserving sons and daughters of Ile-Ife and the Oodua race at large while preserving the sanctity, dignity and integrity of the revered traditional institution of chieftaincy.
The Presidency has called on security and anti-graft agencies to identify, arrest and prosecute government officials who may have collaborated with Prince Matthew Adeniyi Adeyemi in the alleged operation of two fictitious federal government agencies.
Adeyemi is accused of creating the Presidential Foreign Intervention Promotion Council and the Presidential Economic Advisory Council using allegedly forged documents purportedly linked to the Presidency.
In a statement on his verified X handle, the Senior Special Assistant to President Bola Ahmed Tinubu on Media and Publicity, Temitope Ajayi, said investigators must go beyond Adeyemi and expose the internal network that allegedly enabled him to operate for an extended period.
Ajayi urged the Department of State Services (DSS), the Nigeria Police Force (NPF) and the Economic and Financial Crimes Commission (EFCC) to investigate all officials within public institutions who may have aided the alleged scheme.
According to Ajayi, much of the public debate has ignored the fact that government institutions detected the alleged fraud and acted on it.
He said officials of the Nigerian Investment Promotion Commission, working with officers of the Ministry of Foreign Affairs, first discovered inconsistencies in Adeyemi’s operations and reported the matter to the appropriate authorities.
“Contrary to the anything-goes narrative being promoted, it was the system itself that raised the red flag and dealt with it administratively,” Ajayi said.
He, however, acknowledged that the suspect could not have operated for long without help from insiders.
“What is not in doubt is that internal collaborators enabled Adeyemi to get this far. That is precisely what investigators from the DSS, the Police and the EFCC must now unravel.
“The criminal network within the affected institutions must be dismantled and everyone found to have played a role should be arrested and prosecuted,” he said.
The Presidency had earlier disowned the disowned the two organisations, insisting that they did not exist as government agencies.
It also maintained that the Chief of Staff to the President, Femi Gbajabiamila, neither authorised Adeyemi’s activities nor had any connection with them.
“In Nigeria, the easiest and most believable allegation anyone can throw at a public officer is corruption.
“Once that accusation is thrown into the mix, the water is polluted, the lines are blurred and everyone is kept busy arguing over distractions rather than the real issues,” he wrote.
He described Adeyemi as “an irredeemable con artist” who was using allegations against the Chief of Staff as “his last straw” to avoid criminal liability.
The Presidency insisted that the case should not be framed as evidence of complicity at the highest levels of government, but as an alleged fraud uncovered by the system itself.
Transmission Company of Nigeria, TCN, Abuja Region has announced a planned preventive maintenance at the Katampe 132/33 KiloVolt (kV) Transmission Substation on Saturday from 9:00am to 4:00pm.
General Manager, Public Affairs of the TCN, Mrs Ndidi Mbah, made this announcement in a statement in Abuja on Saturday.
Mbah said the scheduled maintenance is to enable TCN’s maintenance crew carry out preventive maintenance on the 100 Mega Volt Ampere (MVA) 132/33kV Power Transformer (TR1), its auxiliaries, and associated switchgear in the substation.
”Consequently, Abuja Electricity Distribution Company, AEDC, will be unable to off-take bulk power for distribution to customers in parts of Mpape, Maitama, Jahi, Life Camp,
”Others are Kado Fish Market, Idu-Karmo, and their environs during the maintenance period,” she said.
According to her, the company regrets any inconvenience the planned outage may cause electricity customers in the affected areas.
She added that equipment maintenance is essential to ensure their continued optimal performance.
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