A Federal High Court, Abuja, on Tuesday, granted leave to the suspended Dean of the Faculty of Law, University of Calabar, Prof. Cyril Ndifon, and his lawyer, Sunny Anyanwu, to appeal the dismissal of their no-case submission.
The professor is currently standing trial on four amended counts of alleged sexual harassment and gratification preferred against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
His lawyer, Anyanwu, was alleged to have harassed the ICPC’s star witness.
The defendants had through their lawyer, Joe Agi (SAN), on 19th February 2024, filed a no-case submission, urging the court to discharge and acquit them.
The trial judge, Justice James Omotosho, dismissed the application, stating that the evidence led by the prosecution established a prima facie case against the duo.
At the proceedings on Tuesday, Agi informed the court that he had filed two motions on behalf of the defendants.
He noted that the first was to seek the leave of the court to appeal its ruling on the no-case submission and a motion
directing the registrar of the court to make available the first defendant’s phones.
The ICPC’s lawyer, Osuobeni Akponimisingha, did not oppose the motion seeking the leave of court to appeal the no-case submission but objected to the latter.
He noted that the laboratory the defendant want his phones released to for analysis does not exist.
The ICPC lawyer said, “Yesterday when the process was given to me, I had a sleepless night. I went through all available laws. There is no such laboratory in Nigeria, with due respect.
“If they have the address, let them produce it. There is no such organisation as the National Computer Laboratory.”
The judge, however, urged him to put his objection for the release of the defendant’s phones on record through a motion.
In his short ruling, Omotosho granted the leave to appeal his decision on the no-case submission.
He, however, said the appeal would not affect proceedings.
“The leave to appeal on ruling delivered on the no-case submission is hereby granted. The leave shall not serve as stay of proceedings in the matter”, he held.
Omotosho, however, adjourned the matter till 19th March.
