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ICPC desperate to nail me, says alleged randy UNICAL professor
Cyril Ndifon, the suspended dean of the Faculty of Law at the University of Calabar, says ICPC is desperate to create or search for any conceivable crime to nail him.
Mr Ndifon told Justice James Omotosho of the Abuja Division of the Federal High Court in a no-case submission filed by his lawyer, Joe Agi, against the ICPC’s amended four-count charge preferred against him and his lawyer, Sunny Anyanwu.
The suspended dean told the court that contrary to the anti-corruption commission’s allegations, the evidence before the court showed that WhatsApp messages between the ICPC’s witness, a female diploma student identified as TKJ, and him were that of “emotional feelings between two lovers and did not in any way put either of the party under fear.”
He argued that there was incontrovertible evidence that he was arrested and investigated on an alleged offence, currently being prosecuted by ICPC, in 2015 when he later proved to the ICPC that he had been cleared of the allegations by the police.
Mr Ndifon was, on January 25, re-arraigned alongside Mr Anyanwu 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 TKJ, the star witness, on her mobile telephone during the pendency of the charge against Mr Ndifon to threatened her.
On February 14, ICPC closed its case after calling four witnesses.
ICPC’s counsel, Osuobeni Akponimisingha, had earlier informed the court that the anti-corruption agency had about seven witnesses, with plans to amend the charge to increase the witness number in proving their case against the defendants.
But on the last adjourned date, the commission announced the closure of its case, and the defendants told the court of their plan to opt for a no-case submission.
The duo, through their lawyer, said there was no evidence adduced by the prosecution on which the court could convict them.
Meanwhile, in the no-case submission dated and filed February 19 on behalf of Messrs Ndifon and Anyanwu, Mr Agi argued that the “unwholesome and illegal intrusion” into the professor’s phone by the ICPC had put before the whole world what TKJ and Mr Ndifon intended to make a personal and private communication.
He said the act had injured and negatively impacted their (TKJ and Mr Ndifon’s) characters and persons.
“The commission, who at this time was desperate to create, search for any conceivable crime, seized the telephone of the first defendant (Mr Ndifon), who was under their custody and without obtaining an order of the court as required by Section 45 of the Cybercrime Act,” he said.
The lawyer further argued that the ICPC action also breached Mr Ndifon’s fundamental right as guaranteed by section 37 of the 1999 Constitution by breaking into his phone and going through his phone in search of an offence and without respect to his right to privacy.
“Then, on seeing nude and pornographic pictures in the first defendant’s phone, jumped at the Cybercrime Act to investigate the so-called offence of cyberstalking. This is not only exposing them as an ungovernable monster but like a knight-errant that goes about looking for skirmishes and battles all over the mace.
“My Lord, if this is allowed to stand, then we are all in trouble, and this cannot be the intention of the lawmakers or the law,” he said.
Mr Agi equally argued that during cross examination of the first prosecution witness (PW1), Ogechi Chima, an ICPC investigator, she admitted that though they received several oral and written complaints against Mr Ndifon, TKJ was never mentioned as one of those complainants.
The lawyer, who described the commission’s act as an afterthought, added that TKJ was not even listed as a witness in the original charge but “surfaced after the amended charge was filed.”
He also wondered why the registrar of UNICAL, who was listed as a witness in the original charge, was dropped in their amended charge.
He said in the light of the above, count four, which alleged that the defendants threatened TKJ not to honour ICPC’s invitation, in the amended charge was not commenced by due process of law, thereby robbing the court of jurisdiction.
Besides, Mr Agi contended that in the instant case, counts one and two, which deal with sending and receiving nude videos and count three of the charges, were not within the jurisdiction of the court.
“This honourable court must and should keep the ICPC within the scope and their legally demarcated boundaries as clearly provided in the statute that created them,” he said.
He, therefore, prayed the court to decline jurisdiction.
The defendants’ no-case submission will be heard on February 27.
Senators on Thursday bicker on source of funding for the various Zonal Development Commissions created by the Senate along with the House of Representatives .
This is as it struck out some provisions of section 23 of their establishment bills , conferring operational immunity on board and executives of the commissions .
Division on approval of source of funding recommended for the commission among Senators arose during clause by clause consideration of the South – South Development Commission Establishment bill 2024 in plenary Thursday which is used as operational and structural template for the other commissions .
Senate Committee on Special Duties had in its report , recommended that 15% of Statutory allocations of member States in a commission , should be used to fund the commission by the federal government .
But some Senators like Senator Yahaya Abdullahi ( PDP Kebbi North ) , Wasiu Eshinlokun ( APC Lagos East ) , Seriake Dickson ( PDP Bayelsa West ) etc , raised observations on the recommendation .
Specifically , Senator Yahaya Abdullahi , said the provision would lead to litigation against the federal government by the State government as no state would like its statutory allocation to be tampered with in the process of funding a zonal development commission .
” Mr President , distinguished colleagues , the 15% of statutory allocations of member States , recommended for funding of their zonal development commissions , would be litigated against by some state government”, he said .
In a bid to quickly correct the meaning read into the 15% statutory allocation of the State by Senator Yahaya Abdullahi and many other Senators who indicated interest to comment , the Deputy President of the Senate , Barau Jibrin, quickly rose to correct their impression .
Senator Barau in his explanation told the Senate that the 15% Statutory allocation of member states for funding of their zonal development commission , would not entail any deduction from their statutory allocation .
” Mr President , distinguished colleagues , the 15% of Statutory allocation of member states , recommended for funding of Zonal Development Commissions by the federal government, is not about deduction at all .
” What is recommended as contained in the report presented to us by the committee on Special duties and being considered by the Senate now , is that 15% of statutory allocation of member states in a zonal development commission would by way of calculation by the federal government, used to fund the commission from the Consolidated Revenue Fund .
” Each state has monthly statutory allocation, 15 % of which as contained in this report being considered, will be calculated by the federal government and removed from the consolidated Revenue Fund for funding of their Development Commission .
Despite Barau’s explanation, many of the Senators still not convinced, indicated their interest to speak , but prevented from doing so by the President of the Senate , Godswill Akpabio who said the provision was in order as constitutionally supported .
” We don’t need to be debating on whether 15% statutory allocation of member states in a commission would be deducted or not in view of provisions of section 162 ( subsection 4) of 1999 constitution which empowers the National Assembly to appropriate from either the Consolidated Revenue Fund or Federation Account .
” 15 % of statutory allocation of member states , has been recommended by the Senate and by extension , National Assembly , for funding of their zonal development commission by the federal government, anybody who want to go court over that may do so “, he said .
He consequently put the question on adoption of the provision for voice votes to Senators and ruled that the ayes have it .
In his remarks after the passage of the consolidated bills , Akpabio thanked the Senators for spending several hours on final consideration and amendment of the Zonal Development Commission which according to him , would serve as bedrock for the newly created Ministry of Regional Development.
The bills cosidered and passsed are the South – South Development Commission Establishment Bill 2024, North West Development Commission Act ( Amendment) Bill 2024, South East Development Commission Act ( Amendment) Bill 2024 apart from the South West Development Commission Establishment Bill 2024 and North Central Development Commission Establishment Bill 2024 earlier passed.
The Nigerian gospel music industry is sad over the loss of Adedoyin Odunuga, the wife of celebrated gospel artist Damilare ‘Dare Melody‘ Odunuga.
Adedoyin was reported dead on Thursday, leaving a void in the family and among their circle of friends and supporters.
Dare Melody shared the heartbreaking news on his Instagram, expressing profound grief over the loss of his beloved wife.
“It is with deep sadness and heavy hearts that we inform you of the transition to eternal rest of our beloved mother, wife, sister, and friend,” he wrote, paying tribute to her enduring presence in his life and career.
Known for his uplifting and spiritually enriching music, Dare Melody has often publicly acknowledged his wife’s unwavering support and shared life.
In a gesture of his deep affection, he gifted her a new house on her birthday in February 2023, which highlighted the strong bond they shared.
Dare Melody’s influence in the gospel music scene is significant, with hits like ‘Damilare’ and ‘Alade Ogo’ that have touched the hearts of many.
His music, which often explores themes of faith and resilience in the face of hardship, resonates deeply with his audience.
In times of personal trials, Dare Melody has turned to his faith, which is vividly expressed in his song ‘Eleti Gbaroye’, reflecting on God’s comforting presence in moments of pain.
The gospel music community, fans, and followers have extended their condolences and support to Dare Melody and his family during this difficult time.
The Joint Health Sector Unions and Assembly of Healthcare Professionals has started mobilising its members across the country to embark on a seven-day warning strike, beginning from midnight of October 25, 2024.
The National Secretary of JOHESU, Martin Egbanubi, disclosed this to The PUNCH on Thursday.
JOHESU is made up of the Medical and Health Workers Union of Nigeria, the Nigerian Union of Allied Health Professionals, the Senior Staff Association of Universities, Teaching Hospitals, Research Institutions, and Associated Institutions, and the Non-Academic Staff Union of Educational and Associated Institutions.
JOHESU, on October 9, 2024, notified the Coordinating Minister of Health and Social Welfare, Prof Muhammad Pate, to resume its suspended strike on October 25, if its demands were not met.
The unions suspended its strike which took place from May 19 to June 6, 2023, following the intervention of President Bola Tinubu.
The union’s demands are the adjustment of the Consolidated Health Salary Structure as was done with the Consolidated Medical Salary Structure since January 2, 2014; the implementation of a consultant cadre for pharmacists in Federal Health Institutions; the upward review in the retirement age from 60 to 65 years for health workers and 70 years for consultants, and the payment of JOHESU members in professional regulatory councils.
Others are the payment of arrears of CONHESS review, the tax waiver on healthcare workers’ allowances, the immediate payment of COVID-19 inducement hazard allowances to omitted health workers, the immediate suspension of planned establishment and activities of National Health Facility Regulatory Agency, and the withdrawal of the Drug Revolving Fund Standard Operating Procedures.
Speaking with our correspondent, Egbanubi said, “We have started mobilising our members across the country, we have put them on alert, we have told them to embark on the strike by midnight of October 25, 2024.
“We’ve not heard from the government officially, there has not been a consolation to apprehend the discourse. So, we will embark on the strike.”
Credit: PUNCH
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