Ndifon, who told Justice James Omotosho in a further affidavit filed by his lawyer, Joe Agi, SAN, insisted that Osuobeni Akponimisingha, the Independent Corrupt Practices and Other Related Offences Commission, ICPC’s counsel handling the case, was not qualified to practise as lawyer.

He restated that Akponimisingha’s name is allegedly not on the roll of legal practitioners in Nigeria pursuant to Section 2 of the Legal Practitioners Act.

Further affidavit, deposed to by Ndifon’s co-defendant, Sunny Anyanwu, was in response to ICPC lawyer’s counter affidavit filed against their motion on notice.

The suspended dean, in the earlier motion dated and filed March 15, had told the court that the amended charge was incompetent as a result of the disputed identity of the anti-graft agency’s lawyer.

He said the development had robbed the court of its jurisdiction to entertain the matter.

He, therefore, prayed the court to quashed the four-count charge against him and his co-defendant, Mr Sunny Anyanwu.

Akponimisingha, in his counter affidavit dated March 20, accused the suspended dean and his legal team of being jealous of his academic qualifications.

The lawyer, who attached his Nigerian Bar Association (NBA)’s Practising Licence document dated 2016 with the counter affidavit, said he graduated from Law School.

He said contrary to the defence argument, the appellation “Dr” added to his name was as a result of an additional academic qualification acquired by him after he had been called to the Bar as a legal practitioner.

He equally alleged that the names of the lead counsel to the defendants, Joe Agi, SAN and other senior advocates appearing with him in the criminal case, were not on roll of Legal Practitioners in Nigeria with the appendage of “SAN.”

He argued that the fact that the appellation “Dr” was added to his name did not make the amended charge liable to be struck out.

Akponimisingha said he was duly called to the Nigerian Bar and had been licensed to practise law in the country.

“That I know as a fact that justices presiding over cases in courts in Nigeria were called to the Bar only with their given names without the appellation ‘Hon. Justice.’

“Therefore, the appellation ‘Hon. Justice’ added to their names by reason of their appointment as judges does not render their judgments invalid because their names do not appear on the roll call of Legal Practitioners as ‘Hon. Justices.’

“The name Joe odey Agi, SAN is not on the roll of Legal Practitioners in Nigeria. What exists on the roll is Agi Joseph Odey, year of call, 1985,” he said

Akponimisingha told the court that the present application by the defence was a delay tactics deployed to stall the smooth trial of the charge.

He urged the court to discountenance their plea.

But Ndifon, in a further affidavit deposed to by Anyanwu, a co-defendant, stated that contrary to Akponimisingha’s argument, the defence was not challenging the appellation “Dr” added to his name.

Rather, he said their contention was that the name “Osuobeni Ekoi Akponimisingha is not on the roll of Legal Practitioners in Nigeria and that a search conducted on the roll of Legal Practitioners in Nigeria revealed that one Ekoi A. Osuobeni was called to the Bar in Nigeria in the year 2012.

“A copy of the computer print-out of the name of the said Ekoi A. Osuobeni from the Nigerian Bar Association Portal showing the names of’ Legal Practitioners on the roll in Nigeria as well as the certificate of compliance is attached as Exhibits B and C.”

The suspended dean contended that there was a world of difference between “Osuobeni Ekoi Akponimisingha” and “Ekoi A. Osuobeni.”

According to him, both names are not the same person for the purpose of a professional register sanctioned by law pursuant to the Legal Practitioners Act.

He urged the court to strike out the suit in the interest of justice.

When the matter was called on Monday, the ICPC lawyer told Justice Omotosho that the defendant brought a letter stating that the learned silk in the matter was having another matter at the Supreme Court.

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Fisong Fidelis, who appeared for the defence, confirmed filing the letter before the court.

Justice Omotosho, who expressed his displeasure about the way the matter had degenerated, said parties had left the main issue “and are now attacking their academic qualifications.”

“I owe a duty to this court to protect the integrity of the legal profession. I don’t like the way this matter is going,” the judge held.

The judge, therefore, directed the lawyers of the parties, including representatives of Federation of International Women Lawyers and NBA, to meet with him in his chambers on Wednesday so they could take a position on the development.

Justice Omotosho consequently fixed April 19 to rule on Ndifon’s motion seeking an order allowing the defendants to have an independent forensic examiner to look at some of the exhibits tendered by the ICPC.

Ndifon was, on January 25, re-arraigned alongside Anyanwu on an amended four-count charge bordering on alleged sexual harassment and attempt to perverse the cause of justice.

Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22 by the ICPC on allegation that he called TKJ, the star witness, on her mobile telephone during the pendency of the charge against Ndifon to threaten her.

Source: NAN

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ICPC’s counsel, Osuobeni Akponimisingha, told Justice James Omotosho of a Federal High Court, Abuja after Bwaigu Fungo, the 4th prosecution witness, a forensic and intelligence analyst with the commission, was cross-examined by the defence lawyer, Joe Agi, SAN.

The News Agency of Nigeria, NAN, reports that Akponimisingha had earlier informed the court that the anti-corruption commission had about seven witnesses and also planned to amend the charge to increase the witness number in proving their case against the defendants.

Ndifon was, on January 25, re-arraigned alongside Anyanwu as 1st and 2nd defendants on an amended four-count charge bordering on alleged sexual harassment and attempt to perverse the cause of justice.

Anyanwu, who is one of the lawyers in the defence, was joined in the amended charge filed on January 22 by the ICPC on allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.

They, however, pleaded not guilty to the counts.

Justice Omotosho had, on Friday, granted bail to 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, Fungo’s cross-examination continued.

When Agi asked the forensic analyst if he knew what Ndifon and TKJ, the female Diploma 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 Ndifon and TKJ, 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 that he did not analyse TKJ’s phone in the course of the investigation, said he was not given TKJ’s phone by the ICPC to analyse.

After Fungo’s testimony, 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’, Agi, told the court that 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.

Justice Omotosho consequently adjourned the matter until February 27 to hear the defendants’ no-case submission.

Meanwhile, Ndifon and Anyanwu were yet to perfect their bail described as being too stringent.

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NAN report that Justice Omotosho had, on February 9, admitted 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 minimum valuation of N150 million, must submit their certified bank statements to the registrar of the court.

He also directed Ndifon to submit his international 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 Anyanwu’s bail plea, Justice Omotosho, 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 Anyanwu to equally sign an undertaking not to interfere with the trial, to be ready to stand his trial and not delay the trial.

Justice Omotosho also ordered accelerated hearing of the matter.

Source: NAN

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Ndifon, who is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission, ICPC, before Justice James Omotosho, however, pleaded not guilty to the four-count charge.

The ICPC, through its counsel, Ebenezer Shogunle, had filed the charge marked: FHC/ABJ/CR/511/23 on Oct. 30, 2023 against Ndifon.

In count one, the defendant was alleged to have, between June and September 2023, used his office and position to gratify himself by soliciting for nude photographs and videos from a year 2 diploma female student of the university through Whatsapp chats on his telephone number: 08037066222, contrary to and punishable under Section 19 of the Corrupt Practices And Other Related Offences Act, 2000.

In count two, he was alleged to have corruptly requested for nude photographs and videos from a 400 level female student of the Faculty of Law with the plan of changing her project supervisor to himself in order to guarantee favourable grades for her and offence was contrary to and punishable under Section 8(1)(a) (il) of the agency’s Act.

In count three, he was alleged to have corruptly requested to see photographs of a 16-year-old prospective post UTME female student, as an inducement to consider her for admission into the Faculty of Law contrary to and punishable under Section 18(d) of the Act.

Count four accused him of causing a female student to send pornographic, indecent and obscene photographs of herself to him through Whatsapp chats on his telephone number: 08037066222 between May and September 2023, contrary to and punishable under Section 24 of the Cybercrime (Prohibition & Prevention) Act, 2015.

These, Ndifon was alleged to have committed while being a public officer charged with responsibility for the certification of students as fit in learning and character as a prerequisite for the award of Bachelor’s degree in Law and admission into the Nigeria Law School.

After the charge was read to him, the embattled lecturer pleaded not guilty to the counts.

Ndifon’s counsel, Okon Efut, SAN, took his bail application dated January 2 and filed January 3.

Efut prayed the court to admit his client to bail, particularly on health grounds.

Besides, he informed the court that there were four other grounds why Ndifon should be granted bail.

Speaking from the dock, Ndifon said: “My lord, I was supposed to have an eye surgery on Glaucoma.”

Efut told the court that it was on the basis of his health condition that the magistrate court in Calabar admitted him to bail on October 27, 2023, after being in detention for about 22 days.

He said based on the medical report, the surgery was expected to be carried out on January 11.

ICPC Lawyer, Osuobeni Akponimisingha, opposed the application for bail.

He said on receipt of the process, the commission filed a counter affidavit dated and filed January 5.

The lawyer, who alleged that one of the counsel to Ndifon threatened the commission’s star witness on phone, said they were in possession of the call logs.

Akponimisingha argued that one of the cardinal reasons for granting bail was the assurance that a defendant would not interfere with the case.

He further alleged that the lawyer’s name was in the bail application filed by Efut and that he was also at the court sitting.

Justice Omotosho then asked the lawyer to come forward.

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“What is your name?” he asked.

“Sunny Anyanwu is my name my lord,” he replied.

The judge then asked him if he would wish to respond to the allegation by filing affidavit of facts and he responded in affirmative.

Anyanwu, who admitted calling Tochi Kanu on phone, said the person he called was different from the names of the four witnesses in the charge and proof of evidence.

“Tochi Kanu called me. When she called me, I was at Federal High Court here and I said I will call you later through a message.

“It was much hours later I remembered somebody called me and put a call through.

“At that point, there was a network issue and I was saying hello, hello and the call was cut off.

“And that name they (ICPC) called was not in the proof of evidence. They have four witnesses,” he said.

When the judge asked him his interest in the matter, he said Ndifon was his lecturer and that he came as counsel to defend him or support the defence.

Justice Omotosho then asked Akponimisingha the name of the person that was alleged to have been called.

“The name is Tochi Kanu Jane,” he said.

The judge therefore directed Anyanwu to file his affidavit of facts for the court to decide on the issue.

But Omotosho wondered why Ndifon had not gone for the surgery since October 27, 2023, when the magistrate court granted him bail.

Akponimisingha told the court that the medical report was served on them late and they were still verifying its genuineness.

Justice Omotosho, who ordered Ndifon to be remanded in Kuje Correctional Centre, adjourned the matter until January 10 for hearing of the bail application and to enable Anyanwu file the affidavit of facts.

Source: NAN

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The letter, which conveyed the suspension, was signed by the university’s Registrar, Mr Gabriel Egbe.

It stated that the suspension took effect from Thursday.

Ndifon was suspended on the heels of a protest by some law students in the institution.

The protesters accused him of “high-handedness and improper behaviour toward female students.”

It would be recalled that in 2016,  Ndifon was also suspended after being accused of sexually assaulting a 20-year-old 400 level student in 2015.

The suspension was validated by the National Industrial Court in 2016.

Egbe stated Ndifon’s latest suspension came as a follow up to his response to a query issued to him by the management, which the Vice Chancellor, Prof. Florence Obi, was reportedly not satisfied with.

The letter stated that Obi suspended Ndifon while the matter was referred to a panel to be set up to investigate the allegations levelled against him.

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“Please refer to our letter Ref. UC/REG/DISC.45A dated Aug. 14, 2023 on your alleged violation of the provisions of the extant laws and policies of the university and your response to the said letter dated 16th August, 2023.

“The vice chancellor has gone through your written representations and is not satisfied with your explanations.

“She has, therefore, directed that you should be relieved of your position as Dean, Faculty of Law and placed on suspension, while the matter is referred to a panel that will be set-up to investigate these allegations,” it said.

According to the letter, the vice chancellor directed the dean to hand over all university properties in his possession, including all official responsibilities to the Sub-Dean of the faculty before vacating office.

The letter added that the dean was to stay away from the university premises except while responding to invitation from the panel investigating the allegations levelled against him.

Source: NAN

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