The lawyer to Cyril Ndifon, the embattled academic, is looking to file a no-case submission in the trial of the academic facing sexual assault charges.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), on Wednesday, concluded its case against Ndifon.
Ndifon is the suspended dean of the faculty of law at the University of Calabar (UNICAL) and his co-defendant is Sunny Anyanwu.
The academic was removed as a UNICAL dean in August 2023 for alleged assault of female students and abuse of office.
A UNICAL investigative panel found the professor, who has since been replaced, guilty.
The ICPC similarly investigated the professor’s alleged gross misconduct and got him arrested on October 4.
The commission arraigned the senior lecturer on a four-count charge bordering on sexual harassment, official corruption, and abuse of office.
Ndifon was re-arraigned on January 25 with Anyanwu, his associate who allegedly threatened a witness during the pendency of the case.
Both defendants were later granted bail on February 9 pending their trial.
At the resumed trial at a federal high court in Abuja on Wednesday, Osuobeni Akponimisingha, ICPC’s counsel, told James Omotosho, the president judge, that the commission was closing its case against the embattled academic and his co-defendant.
This was after Bwaigu Fungo, the fourth prosecution witness who is an ICPC forensic and intelligence analyst, was cross-examined by Joe Agi, the defence lawyer.
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 number of witnesses in proving their case against the defendants.
During the previous session of the court, the presiding judge had admitted in evidence two mobile devices belonging to Ndifon.
Fungo had told the court that the phones contained nude videos, pictures, and text messages.
During Fungo’s cross-examination at the resumed hearing, 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 the analysis he carried out on the mobile phones showed that their first communication through WhatsApp was on March 14, 2023.
He said the message was: “Good evening sir.”
The witness, who said he did not analyse TKJ’s phone in the course of the investigation, said it was not given to him by the ICPC.
After Fungo’s testimony, Akponimisingha told the court that the prosecution was closing its case.
Responding, the defence counsel Agi told the court that they planned to file a no-case submission.
Agi said he would need seven days to apply and the ICPC lawyer told the court he would also need about seven days to reply.
Omotosho adjourned the matter until February 27 to hear the no-case submission of the defendants.
A no-case submission is made when the defence considers that the prosecution case does not support a finding of guilt.
When such is successful, the court is typically expected to dismiss the charge without the defence having to present a case.
A “no-case to answer” submission will be successful where the prosecution case is deemed insufficient to support a finding of guilt.
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