THE suspended Dean of the Faculty of Law at the University of Calabar (UNICAL), Cyril Ndifon, has stated that he had a consensual relationship with a diploma graduate known as TKJ, who accused him of sexual harassment.
Ndifon, currently facing trial on four counts of alleged sexual harassment and gratification, argued that the chats between him and TKJ indicated a consensual relationship where they expressed love and concern for each other’s safety.
He said, “What are the elements of the offence(a) causing fear (b) threat (c) fear for safety? None of the above elements were contained in count 1. Nor was there any evidence adduced to show fear, safety, or blackmail from TKJ or Professor Ndifon, particularly by Exhibit “H” The chats show clearly that both 1 Defendant and TKJ have a consensual relationship where they expressed their love, affection, and worries for each other safety particularly that of the 1 Defendant. ”
He claimed that the text messages showed emotional feelings between two lovers and did not involve any fear or coercion.
Ndifon also criticized the ICPC for seizing his phones without a court order, alleging a violation of his fundamental rights.
He said, “The commission who at this time was desperate to create, search for any conceivable crime seized the telephone of the 1st Defendant who was under their custody and without obtaining an order of the court as required by Section 45 of the Cyber Crime Act in breach of his fundamental right as guaranteed by Section 37 of the 1999 Constitution as amended broke into his phone and started going through his phone in search for an offense and without respect to his right to privacy.
“Then on seeing nude and pornographic pictures in the 1st Defendant’s phone jumped at the Cybercrime Act to investigate the so-called offence of cyberstalking. This is not only exposing them as an ungovernable monster but like a knight—errant that goes about looking for skirmishes and battles all over the Mace. My Lord if this is allowed to stand, then we are all in trouble. This cannot be the intention of the lawmakers or the law.”
Furthermore, Ndifon urged the court to dismiss the case, questioning the jurisdiction of the court and arguing that the charges brought against him were not within the court’s purview.
“Now, let me turn to Count 4 in the original charge which is from the Cybercrimes (Prohibition, Prevention, etc) Act, 2015. From the Charge, proof of evidence before this Honourable Court, it is submitted that the case was not initiated by due process of law thereby depriving your lordship of jurisdiction,” he added
The adoption of written addresses on the no-case submission is scheduled for February 27, 2024.
