In a scathing judgment that exposes the scourge of sexual predation in Nigeria’s academic halls, the Federal High Court in Abuja has convicted Prof. Cyril Osu Ndifon, the suspended Dean of the Faculty of Law at the University of Calabar (UNICAL), on two counts of sexual harassment and cybercrimes. Justice J. K. Omotosho imposed a five-year prison term on Ndifon, describing his actions as “egregious” and a “disgrace” to the legal profession. The court acquitted Ndifon’s lawyer, Barrister Sunny Anyanwu, on charges of perverting the course of justice, citing insufficient evidence.
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Delivered on Monday, the 77-page ruling stems from a four-count charge filed by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on January 22, 2024, following an amended charge dated January 19, 2024. The case, docketed as FHC/ABJ/CR/51/2023, highlights systemic vulnerabilities in higher education where power imbalances enable exploitation. Justice Omotosho emphasized that the conviction serves as a “warning and lesson” to “randy lecturers” preying on vulnerable students.
The Charges: Exploitation of Power and Digital Predation
The ICPC accused Ndifon, 51, of abusing his position as Dean between May and September 2023 to demand “pornographic, indecent, and obscene photographs” from female students via WhatsApp. Key complainant “TJK”, a pseudonym for a 22-year-old Diploma in Law student at UNICAL, testified that Ndifon pressured her for explicit images and videos in exchange for admission into the LLB program.
- Count 1 (Cybercrime Act, 2015, Section 24): Ndifon allegedly caused TJK to send nude photos to his number (0803706622) through WhatsApp chats.
- Count 2 (ICPC Act, 2000, Section 19): As a public officer, Ndifon used his position to solicit nude photos from TJK for unfair advantage.
- Counts 3 and 4 (Penal Code, Section 182): Both defendants allegedly conspired to call and threaten TJK (0702672551) not to honor ICPC invitations, thereby perverting justice during the pending trial.
The court found Ndifon guilty on Counts 1 and 2, sentencing him to two years on Count 1 and five years on Count 2, to run concurrently. Anyanwu was discharged and acquitted on Counts 3 and 4 as evidence failed to prove intent or the content of the alleged calls.
Trial Timeline and Key Evidence
The trial began after Ndifon’s arrest on October 4, 2023, following student protests and a September 15, 2023, petition to ICPC. He was remanded on October 6, 2023. ICPC closed its case on February 14, 2024, and Ndifon’s no-case submission was dismissed on March 6, 2024.
Prosecution’s Case:
- PW1: Lucy Ogechi Chima (ICPC Investigator): Led the Sexual Harassment Investigation Team. Detailed the probe, including Ndifon’s arrest, phone seizures (OPPO and Tecno devices), and forensic analysis revealing nude images and videos from students. Confirmed Ndifon’s influence over Diploma admissions.
- PW2: Miss TJK (Victim): Delivered harrowing testimony of repeated harassment. Ndifon, introduced via her uncle, began with condolences but escalated to demands for hugs, virginity checks, and explicit content. Incidents included:
- Forcing her hand toward his genitals in his office.
- Demanding oral sex and bending her neck in his car, causing injury; he sent N3,000 for treatment.
- Pressuring her for videos during her mother’s hospitalization, despite her pleas of virginity and discomfort.
TJK broke down in tears multiple times, stating she complied out of desperation for admission after four failed attempts.
- PW3: Kamgong Isaac Tami (ICPC Exhibit Keeper): Oversaw chain of custody for phones and documents.
- PW4: Fungo Eka (Forensic Analyst): Analyzed devices using Universal Forensic Extraction Device 2. Reports (Exhibits A, H, R) showed over 17 requests for nudes from TJK, plus chats with other students. Timeline chats (Exhibit G) confirmed demands.
Exhibits (Over 30 Admitted):
Forensic reports (A, R), statements (E to E3, K to K1), phones (N, O), call logs (F), and screenshots (H, I, J, J1) proving demands and transactions.
Defense’s Case:
- DW1: Prof. Ndifon: Denied allegations, claiming political victimization from the 2015 rape accusations, from which he said he had been exonerated. Admitted knowing TJK but alleged she sought his help voluntarily. He denied the requests and blamed university politics.
- DW2: Babagana Musa Mintar (ONSA Forensic Expert): Testified that the phones were outdated for full WhatsApp extraction and said he had no role in the arrests.
The court dismissed the defense as “irrelevant” and “manipulative”, noting that Ndifon sidestepped facts.
Court’s Reasoning: A Stark Indictment of Academic Abuse
Justice Omotosho ruled that the prosecution proved Counts 1 and 2 beyond reasonable doubt through unchallenged forensics and TJK’s credible testimony. On Count 1, chats showed knowing transmission of obscene materials. For Count 2, Ndifon’s role as Dean conferred undue influence, which he abused for personal gratification.
For Counts 3 and 4, lack of call content or corroboration led to acquittal, though the judge admonished Anyanwu for unethical conduct and warned lawyers against perverting justice.
The ruling condemned sexual harassment as multifaceted, including verbal harassment, non-verbal harassment, and physical harassment, drawing from Prof. N. O. Obiareri’s analysis. It hailed TJK’s courage, protected her identity under dignity rights (Constitution Section 34), and urged societal reform.
Sentences and Implications
- Prof. Ndifon: Five years imprisonment (concurrent terms); no fine, emphasizing deterrence.
- Barrister Anyanwu: Acquitted; stern warning issued regarding legal ethics.
This verdict, described as a “victory for anti-corruption”, spotlights abuse in academia. UNICAL suspended Ndifon in 2023 amid protests. The case underscores ICPC’s role in probing institutional misconduct. Justice Omotosho stated, “Society is better rid of the first defendant and his perverted mind.” Advocacy groups praise the ruling but call for stricter campus safeguards.
UNICAL and ICPC have not commented. Ndifon may appeal. Anyanwu’s acquittal ends his involvement.
Compiled from the full judgment in FHC/ABJ/CR/51/2023.
FRN vs Prof. cyril ndifon
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