Appeal Court Affirms ICPC’s Authority to Investigate UNICAL’s Prof Ndifon Over Sex-for-Grades Allegation

Appeal Court Affirms ICPC’s Authority to Investigate UNICAL’s Prof Ndifon Over Sex-for-Grades Allegation

The Court of Appeal sitting in Calabar has upheld the power of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to investigate allegations of rape and sexual misconduct leveled against Professor Cyril Osim Ndifon, a former Dean of the Faculty of Law at the University of Calaba

In a unanimous judgment delivered on March 21 and obtained on Thursday in Abuja, the three-member panel of the appellate court dismissed Ndifon’s appeal, affirming the earlier ruling delivered on March 2, 2017, by Justice Inyang Ekwo (then of the Federal High Court, Calabar), in suit number FHC/CA/M19/201

Justice Ekwo had upheld the statutory mandate of the ICPC to probe and prosecute allegations involving abuse of office, sexual gratification and other corrupt practices against Prof Ndifo

The appeal, marked CA/C/295/2017, saw Prof Ndifon arguing that since the police had investigated and cleared him of rape allegations, the ICPC had no jurisdiction to reopen the case. He claimed that the allegations were outside the scope of the ICPC Act and that the agency’s actions infringed on his fundamental right

However, in the lead judgment, Justice Lateef Lawal-Akapo dismissed the arguments, noting that the ICPC has the statutory backing to investigate and prosecute demands for sexual favors under Sections 8, 9, 10 and 19 of the ICPC Act, 200

Justice Lawal-Akapo held that the police report clearing the professor of rape did not prevent the ICPC from pursuing a different but related allegation under its mandat

Reviewing the case’s background, Justice Lawal-Akapo stated:

“The facts of this case are fairly straight forward.

“The appellant is a Professor of Law at the University of Calabar, while the second respondent (Miss Sinemobong Nkang) is a 400-level female law undergraduate.

“The first respondent is ICPC. The second respondent alleged that she was raped by the appellant. A report was made to various law enforcement agencies, including the police, Department of State Services (DSS) and the ICPC.

“Consequent upon this allegation, the university authority issued the appellant with a query to which he responded.

“The university authority was not satisfied with his response and by a letter dated 8th September, 2015 suspended the appellant from work.

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“While reports of various investigations were being awaited, the first respondent made public announcement in newspapers, notably Punch of Friday, 8th September, 2015 that the first respondent will prosecute the appellant for abuse of office and related offences.

“The appellant then rushed to file a fundamental human right application against the respondents, saying that his fundamental right has been breached.

“The first respondent filed a preliminary objection, saying that the applicant’s claim is not recognised under the Fundamental Human Right Enforcement Rules.

“The learned trial judge dismissed the objection as well as the appellant’s fundamental right application. The dismissal of the fundamental right application led to this appeal.

Justice Lawal-Akapo resolved all three issues raised in the appeal against Prof Ndifon and dismissed the case.

Meanwhile, the embattled professor is currently facing trial at the Federal High Court in Abuja, where the ICPC accuses him of demanding nude photos from female diploma students as a condition for admission into the university’s law degree program—an alleged abuse of office

He is being tried before Justice James Omotosho alongside one of his lawyers, Sunny Anyanwu, who is accused of intimidating a prosecution witness

The trial is scheduled to resume on April 11th