Court Grants Temporary Bail To Suspended UNICAL Don, Ndifon, Facing Harassment Trial, For Eye Surgery

A Federal High Court, Abuja, on Wednesday, ordered the release of Cyril Ndifon, a professor and suspended Dean of the Faculty of Law, University of Calabar, on temporary bail to enable him to go for a glaucoma surgery.

The law professor is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged sexual harassment against female students of the university.

Justice James Omotosho made the order following an application by Mr Ndifon’s counsel, Okon Efut, SAN, which was not opposed by Osuobeni Akponimisingha, lawyer to the ICPC.

Justice Omotosho, who said he had considered Mr Ndifon’s oral bail application, admitted him to bail in the sum of N250 million with a surety who must swear an affidavit of means and deposit his or her travel passport with the court registry.

The judge also ordered that the bail would take effect from Wednesday, 10 January to 25 January when the bail application filed by the lawyer would be heard.

The matter was consequently adjourned until 25 and 26 January for a continuation of trial and hearing of bail application

The News Agency of Nigeria (NAN) reports that Mr Efut had, on Monday, informed the court that Mr Ndifon had been scheduled for eye surgery on Thursday, 11 January.

The senior lawyer passionately appealed to the court to admit his client to bail to enable him to go for the operation so that he could stand his trial, but the court held that the bail application was not ripe for hearing.

The embattled professor was ordered to be remanded in Kuje Correctional Centre and the matter was fixed for today, 10 January.

The development occurred after the ICPC’s lawyer alleged that one of the defence lawyers, Sunny Anyanwu, threatened the commission’s star witness on the phone over the case.

Justice Omotosho consequently adjourned the matter until today to hear the bail application and the affidavit of facts which the lawyer, Mr Anyanwu, was directed to file to give him a fair hearing.

Upon resumed hearing, Mr Efut informed the court that he had filed a further and better affidavit to respond to ICPC’s counter affidavit to their bail application.

He said he had also been served with Mr Anyanwu’s affidavit of facts.

The judge then asked about Mr Anyanwu’s whereabouts.

Mr Omotosho, who wondered why Anyanwu would not have been in court, said if he had delivered the ruling based on the arguments in the last sitting, the lawyer’s name would have been mentioned and this might either affect the court decision negatively or positively.

A lawyer stood up and informed that Mr Anyanwu had issues with his car but was already on the court premises.

The lawyer also confirmed that he had already filed his affidavit of facts.

But the prosecution lawyer said he had neither seen Mr Efut’s better and further affidavit nor seen Mr Anyanwu’s affidavit of facts.

“My lord, I am empty. I have not been served with any of these applications to either respond or not. My lord the issue of service needs to be clear in the interest of justice,” he said.

The judge then said that the bail application was not ripe for hearing.

Messrs Efut and Anyanwu told the court that their applications were filed the previous day and that the bailiff was mobilised for the service.

Mr Efut, who pleaded with the court, said he would undertake so that Mr Ndifon could be released to him to enable him to have the surgery.

Justice Omotosho then agreed to release the professor to Mr Efut with conditions.

“I will release him to you as a SAN and attach a little condition,” he said.

The judge, who said the matter would be given accelerated hearing, directed the ICPC to come with their witnesses in the next adjourned date. (NAN)