Di former Dean of di Faculty of Law for University of Calabar, Professor Cyril Ndifon, don file a no-case submission for di Federal High Court, Abuja, ova di accuse of sexual abuse wey di Independent Corrupt Practices and Other Related Offences Commission (ICPC) charge am for.
A ‘no-case submission’ mean say di prosecution no show enough evidence for court to prove say pesin do wetin dem dey accuse am of.
Di ICPC bin charge Prof Ndifon to court for sexual harassment and gratification against a 22-year old female student. Court bin order make press no reveal di girl name sake of her protection, rather na to identify her as TKJ.
Ndifon lawyer, Barr Sunny Anyanwu, also dey joined for di case, as ICPC tok say im bin threaten TKJ and warn am make she no ansa when ICPC bin call her.
But for inside di no-case submission wey Joe Agi (SAN) bin file on behalf of Cyril Ndifon, im talk say di evidence wey ICPC bring for court against im client show clearly say di exchange of messages between Ndifon and TKJ “na dat of emotional feelings between two lovers and e no in any way put either of di parties for fear.”
During the trial, di ICPC bin tok say forensic investigation show say Mr Ndifon get about 16 nude videos for inside im phone, including nude videos of TKJ.
However, Agi tok say na bicos di ICPC “dey desperate to create or search for any concievable crime” to prosecute im client, na im make dem seize im phone without obtaining an order of court as required by di Cyber Crime Act, and break into and search im phone without respect to im privacy.
Den when dem see pornographic pictures for im phone dem come dey charge am with di so-called offence of cyberstalking. My Lord, if dis is allowed to stand, den we don enter trouble,” Agi tok.
Agi also tok say make di court decline jurisdiction for di mata sake of several reasons. First, im tok say TKJ no bin follow for di pipo wey send oral and written complaints to ICPC, and dat she no bin follow for witnesses for di case but surface afta dem file amended charges.
Secondly, Agi tok say di charges of sending and receiving nude pictures no suppose dey entertained by di court becos section 26(2) and 61(3) of di ICPC Act clearly tok who suppose initiate prosecution for offences committed under di Act.
Section 26(2) of di ICPC Act tok say na di Attorney General of di Federation or anibodi wey im delegate im authority suppose initiate prosecution. For section 61(3), e tok say na di Chief Judge of a state or di FCT suppose appoint a judge or a court to determine cases of offences under di Act.
Agi argue say di Federal High Court no dey under di direction of any state or FCT Chief Judge, so according to am, di trial judge, James Omotosho, no get jurisdiction to entertain di matter.
Di court don fix February 27 as di day wen both parties go adopt written addresses on di no-case submission.
