By Taiye Agbaje
Abuja, Feb. 12, 2024
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), on Monday, played nude videos of a female Diploma student of University of Calabar (UNICAL) in the open court in evidence against Prof. Cyril Ndifon, the institution’s suspended Dean of Faculty of Law.
The development occured when the ICPC’s lawyer, Osuobeni Akponimisingha, led Bwaigu Fungo, the 4th prosecution witness (PW4), in evidence in the ongoing trial of Ndifon and his co-defendant, Sunny Anyanwu, before Justice James Omotosho of a Federal High Court, Abuja.
The News Agency of Nigeria (NAN) reports that Ndifon was, on Jan. 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 Jan. 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 threatened her.
They were, however, admitted to bail on Friday after a female student, identified as TKJ (not real name) by the court, one of the alleged victims of sexual assault by the don, completed her testimony.
NAN earlier reported that the court had admitted in evidence two mobile phones seized by the anti-corruption commission from Ndifon.
Justice Omotosho admitted the mobile devices; an Oppo Phone and a Tecno Pova Phone with their chargers after they were tendered by Akponimisingha, and the application was not opposed by the defence counsel, Joe Agi, SAN.
The Oppo and Tecno Phones were marked Exhibits N and O by the court.
Meanwhile, Fungo, a Forensic and intelligence Analyst with ICPC, while giving his testimony analysed three nude videos obtained from Ndifon’s Oppo Phone.
The PW4 said the videos were extracted from Exhibit N belonging to the professor.
He said they were videos of TKJ as requested by Ndifon.
“The videos as sent by TKJ to the Exhibit N (Oppo Phone owned by Ndifon) is usually sent by the 1st defendant to another subscriber (another phone number),” the witness said.
He said though about 16 videos were extracted, three were TKJ’s videos.
He said TKJ did the videos on Sept. 26, 2023.
The forensic analyst also played three of the videos of other female students but the judge directed him to limit it to videos relevant to the charge, which were TKJ’s.
When asked why Ndifon would have forwarded the videos sent to him by TKJ to another phone number, Fungo said it was to preserve the video for whatever reason.
Akponimisingha also requested for Exhibit O (Tecno Phone) and the witness was asked questions on some of the extractions.
While being cross examined, Agi asked Fungo if from the videos he played, TKJ did it involuntarily.
The witness said: “The acts of TKJ were involuntarily done.”
He added that from their forensic report, there was a part in the videos where TKJ said she was not comfortable sending the videos.
When Agi asked him if in one of the videos, TKJ displayed a movement and was fidgeting to prove that the young lady did the videos without compulsion, Fungo simply said: “There was movement,”
Meanwhile, Justice Omotosho had ordered the management of the Kuje Correctional Centre to allow Anyanwu access a medical facility of his choice with a view to treating himself.
The judge gave the order after Agi moved the application to the effect.
Justice Omotosho adjourned the matter until Feb. 14 for trial continuation.