Justice James Omotosgo of the Federal High Court in Abuja has convicted the suspended Professor of Law at the University of Calabar (UNICAL), Cyril Ndifon, of the offence of sexual harassment.
The court in its judgement on Monday, held that the prosecution established its case against Prof Ndifon, who was the Dean of Faculty of Law, UNICAL, and sentenced him to five years imprisonment without an option of fine.
Justice Omotosho said the prosecuting agency, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), proved the offences in counts one and two beyond reasonable doubt against the 1st defendant (Ndifon).
He held that the prosecution was able to prove the ingredients of the offences in counts one and two.
The judge noted that Ndifon was unable to controvert the evidence that he unduly pressurised TKJ to perform the immoral act with her.
He said: “The victim was desirous of being admitted into the University and the first defendant was in advantage to help her being the Dean and the Diploma course is under his supervision
“The instances of undue advantage are so much. The first defendant abused his office,” the judge said.
Justice Omotosho said from his observation of Ndifon, he was not a witness of truth and could not be believed by any reasonable court.
“Consequently, the 1st defendant is hereby convicted of count one and count two,” he said.
Justice Omotosho said since Ndifon was a first-time offender, he was minded to tamper justice with mercy as requested by Ndifon and his lawyer, Oladimeji Ekengba.
The judge sentenced him to two years in respect of count one and five years imprisonment in relation to count two, which sentences the judge said should run concurrently.
Justice Omotosho, however, discharged and acquitted the second defendant, Sunny Anyanwu. Anyanwu once served as one of Ndifon’s lawyers.
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