The Independent Corrupt Practices and Other Related Offences Commission (ICPC) yesterday played some nude videos of a female Diploma student of the University of Calabar (UNICAL) in the open court in evidence against Prof. Cyril Ndifon, the institution’s suspended Dean of the Faculty of Law.
The development occurred when ICPC’s lawyer Osuobeni Akponimisingha led Bwaigu Fungo, the fourth 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 in Abuja.
The News Agency of Nigeria (NAN) reports that Ndifon was, on January 25, re-arraigned alongside Anyanwu as the first and second 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 January 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 and threatened her.
They were admitted to bail last Friday after a female student, identified simply 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 defence counsel, Joe Agi (SAN), did not oppose the application.
The marked tagged the Oppo and Tecno phones as exhibits “N” and “O”.
Also, in his testimony, a forensic and intelligence analyst with ICPC, Fungo, analysed three nude videos obtained from Ndifon’s Oppo Phone.
The PW4 said the videos were extracted from Exhibit “N” belonging to the professor, adding that 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),” he said.
Fungo said though about 16 videos were extracted, three were TKJ’s videos.
The witness said TKJ did the videos on September 26, last year.
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 meant 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.
During cross-examination, Agi asked Fungo if from the videos he played, TKJ did it involuntarily, and the witness said: “The acts of TKJ were involuntarily done.”
The PW4 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 a movement.”
Also, 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 till February 14 for continuation of trial.
