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The Independent Corrupt Practices and Other Related Offences Commission (ICPC), on Wednesday, closed its case against Cyril Ndifon, the suspended dean of the Faculty of Law, University of Calabar (UNICAL), and his co-defendant, Sunny Anyanwu.
ICPC’s counsel, Osuobeni Akponimisingha, told Justice James Omotosho of the Abuja Division of the Federal High Court after Bwaigu Fungo, the fourth prosecution witness, a forensic and intelligence analyst with the commission, was cross-examined by the defence lawyer, Joe Agi.
Mr Akponimisingha had earlier informed the court that the anti-corruption commission had about seven witnesses and planned to amend the charge to increase the witness number in proving their case against the defendants.
Mr Ndifon was, on January 25, re-arraigned alongside Mr Anyanwu as first and second defendants on an amended four-count charge bordering on alleged sexual harassment and attempt to perverse the cause of justice.
Mr Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22 by the ICPC on the allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Mr Ndifon to threaten her.
They, however, pleaded not guilty to the counts.
The judge had, on Friday, granted bail to Messrs Ndifon and Anyanwu in the sum of N250 million and N50 million, respectively, with two sureties each in the like sum.
Upon resumed trial on Wednesday, Mr Fungo’s cross-examination continued.
When Mr Agi asked the forensic analyst if he knew what Mr Ndifon and TKJ, the female student alleged to have been sexually harassed, discussed in the call log, he said he did not know.
When the lawyer asked the witness if he knew the first communication between Mr Ndifon and TKJ, Mr Fungo said from the analysis he carried out on the mobile phones, their first communication through the WhatsApp channel was on March 14, 2023, and the message was: “Good evening sir.”
The witness, who also said he did not analyse TKJ’s phone during the investigation, said the ICPC did not give him TKJ’s phone to analyse.
After Mr Fungo’s testimony, Mr Akponimisingha told the court that the prosecution was closing its case.
“This is the case for the prosecution, and we have closed our case today,” he said.
Responding, counsel to the defendants, Mr Agi, told the court they planned to file a no-case submission.
He said he would need seven days to file the application.
The ICPC lawyer assured the court that immediately, the defence served him with the no-case submission, he would also need about seven days to reply.
The judge consequently adjourned the matter until February 27 to hear the defendants’ no-case submission.
Meanwhile, Messrs Ndifon and Anyanwu have yet to perfect their bail described as being too stringent.
The judge had, on February 9, admitted Mr Ndifon to a N250 million bail with two sureties.
The judge held that the two sureties, who must be owners of landed property in the FCT with registered titles and a minimum valuation of N150 million, must submit their certified bank statements to the court’s registrar.
He also directed Mr Ndifon to submit his passport to the court registrar.
The judge ordered the suspended dean to sign an undertaking not to interfere with the case, be ready to stand his trial and not to delay the trial.
Also ruling on Mr Anyanwu’s bail plea, the judge, who granted him a N50 million bail with two sureties, held that one of the sureties must have a property in FCT, but not with a registered title.
The judge directed the sureties to file their bank statements and ordered Mr Anyanwu to equally sign an undertaking not to interfere with the trial, to be ready to stand his trial and not delay the trial.
The judge also ordered accelerated hearing of the matter.