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Cybercrime: Suspended UNICAL dean asks Appeal Court to discharge him from ICPC’s sexual harassment charges

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The suspended Dean of the Faculty of Law, University of Calabar(UNICAL) Professor Cyril Ndifon, has asked the Appeal Court to discharge him and Barrister Sunny Anyanwu from the sexual harassment and cybercrime charges filed against them by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Ndifon’s lawyer, Joe Agi SAN is appealing the ruling of Justice James Omotosho of the Federal High Court, Abuja who overruled his no-case submission against the ICPC’s allegation that he solicited indecent photographs from a diploma student seeking admission, contrary to the cybercrime act.

What transpired at the Federal High Court

ICPC counsel, Osuobeni Akponimisingha, had urged the court to hold that the suspended dean committed a crime by causing another person to send indecent messages to his phone.

Akponimisingha had stated in his written reply to the defendant’s no-case submission,

“The Defendants in this charge were arraigned on four (4) counts amended charge on the 25th day of January 2024. The defendants were alleged to have committed the offences of soliciting pornographic, indecent, and obscene photographs, conferment of unfair advantage upon self, and conspiracy to pervert the cause of justice contrary to Section 24 of the Cybercrime (Prohibition and Prevention) Act, 2015, Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, and Section 82 of Penal Code, Cap. 532, Laws of the Federal Capital Territory, Abuja, 2006.
“The allegations against the Defendants are subsumed in an amended charge marked: FHC/ABJ/CR/2023 dated the 19th day of January 2024 and filed on the 22nd day of January 2024.”
But Joe Agi contended that his clients had no case to answer as the ICPC did not fault his position that the diploma student in question was in a “love” relationship with the suspended dean.

However, on March 6, the court overruled the suspended dean and directed him to enter defence on the case.

At the resumed sitting on Tuesday, Agi asked Justice Omotosho to allow him to appeal his ruling and the judge approved it but said the appeal will not stop ICPC’s proceedings before him.

Suspended Dean’s appeal
In four grounds of appeal, particularly in ground three of the proposed notice, Agi argued that the learned trial judge erred in law when the court assumed jurisdiction to hear the charges preferred against the appellants when the charges were not initiated by the due process of law.

Agi stated,

“Section 37 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Sections 45 of the Cybercrime (prohibition, prevention) Act 2015, guaranteed the citizen’s right to privacy of their emails and telephones and the laws also made some conditions precedent before a citizen right to privacy can be breached.”
He asked the appellate court to allow his appeal and set aside the ruling of the court below.
“An order of his honourable court discharging and acquitting the appellant of the 4-count charge,” Agi also appealed.
Nairametrics learnt that the date for the hearing of the appeal is yet to be fixed.

More Insights
The ICPC, in collaboration with the Department of State Services (DSS), had on 4th of October, 2023 arrested Ndifon in Calabar, Cross River State after students protested his alleged inappropriate behaviour towards them.
Ndifon was suspended by the university’s management following preliminary investigations.
Upon arraignment, he and Anyanwu pleaded not guilty to the offences.
It is now left for the courts to pronounce the defendants guilty or innocent.

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Tunde Olaogun Celebrates Birthday With The Down Trodden. (Photos)

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He Kept the Governor Waiting For Several Hours…. Multiple Sins Of Impeached Ex Speaker, Obasa!

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Arise TV host, Reuben Abati has highlighted some reasons that might have led to the impeachment of the Speaker of the state House of Assembly, Mudashiru Obasa.

 

 

Speaking on the Arise Morning show on Tuesday, January 14, 2025, Abati in his submission indicated that Obasahas breached several protocols in the house and had at some point been disrespectful to Lagos State Governor, Babajide Sanwo-Olu.

 

“And then there are reports that the governor will want something, he will not listen to the governor. He will arrive late at events that the governor will have arrived earlier than him which is a breach of protocol. So there’s that flaw of character. The argument is that he had become so disrespectful of the governor and the power establishment in Lagos State that they felt they needed to do something about him, Abati said in his submission.

 

 

All the House of Assembly members who wanted him removed said he wanted change, and that they were tired of him. That must have been a failure on his own part. And they didn’t even do it in his presence. He was far away in Atlanta, Georgia. They left him stranded, removed his pictures, impeached him, and they said even the president tried to talk to him. The president was not impressed. So he had it coming.”

 

Multiple sources confirmed that the lawmakers removed Obasa during a sitting on Monday after 90 per cent of the House backed the motion.

 

The Deputy Speaker, Mojisola Meranda, was subsequently sworn in as the new and first female Speaker of the Assembly.

 

 

In a viral video, a lawmaker, flanked by other members of the Assembly, said, “It is only death that is constant, so change is inevitable. Members of the parliament today have decided to change the leadership of the House. The Constitution makes it clear that the House has the power to regulate its proceedings.

 

Meanwhile, The Lagos State Governor, Babajide Sanwo-Olu, on Monday, distanced himself from the impeachment of the Speaker of the state House of Assembly, Mudashiru Obasa.

 

 

Sanwo-Olu’s Special Adviser on Media & Publicity, Gboyega Akosile, in an interview with The PUNCH, described Obasa’s impeachment as a strict legislative affair devoid of politics or the state government’s influence or interference.

 

 

 

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Alaafin: Owoade gears up for traditional rites, royal families tackle Makinde

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In a race to conclude all processes before the four-week coronation date set by Governor Seyi Makinde, the new Alaafin of Oyo, Oba Akeem Owoade, has begun preparation for the mandatory traditional rites.

Makinde had on Monday presented a certificate of appointment and staff of office to Owoade, at the Governor’s office, Ibadan, affirming his appointment as the 46th Alaafin.

Speaking  on Tuesday, the Head of Oyo princes, Chief Mukaila Afonja, said the princes and those concerned with overseeing the Alaafin’s traditional rites were itching for Owoade to begin the processes.

As part of the processes, he said the Alaafin would visit a number of houses to offer sacrifices, make appeasements, and even sleep over at some of the houses to carry out some night rites.

After performing the traditional rites at some traditional homes in Oyo town, the new Alaafin will then enter Ipebi (seclusion) for the conclusion of the traditional rites within a secluded part of the Alaafin palace.

The ancestral rituals to be done during Ipebi would be the crescendo of rituals before Owoade is crowned Alaafin.

Affirming the traditional processes set to unfold, Afonja said, “Kabiyesi has not started the traditional rites but will start soon. He has gone to prepare ahead.

“He will do some sacrifices, and appeasement at various places before Ipebi at a secluded place in the palace. The governor has given four weeks to do the coronation, so all the traditional rites will be concluded before then.”

Afonja, who is Baba Iyaji of Oyo, appealed to those aggrieved at the emergence of Owoade to embrace the fact that Oyo now has a king.

Afonja’s appeal came as nine royal families from Oyo, otherwise known as the Atiba 9, declared their rejection of the appointment of Owoade as Alaafin.

The Atiba 9 hinged their rejection on that the appointment of Owoade runs contrary to the custom, culture and tradition of Oyo, and is against the rule of law.

Their stance was contained in a statement issued by Prince Sina Afolabi of the Adeitan Royal Family.

The other eight princes from the Atiba Royal Families included Prince Remi Azeez (Tella Okitipapa); Prince Lamola Olanite (Olanite); Prince Agboin Adelabu (Adelabu); Prince Raji Adeniran (Adeniran); Prince Nureni Taiwo (Tella Agbojulogun); Prince Muftau Adejare Adesokan (Adesokan Baba Idode): Prince Adesiyan (Adesiyan) and Prince Bello Rasheed (Abidekun).

They noted that they were not against the persons of Prince Akeem Owoade and Prince Ridwan Gbadegesin, another contestant, as they had the legitimacy to aspire for the throne, but that the process that produced Owoade ran contrary to the tradition of the ancient Oyo Town.

They maintained that they were in court to challenge the processes that sprung up in both Owoade and Gbadegesin.

“What the governor did was totally against the highly revered Alaafin stool. His action has reduced the throne to an object of ridicule.

“It was expected of Governor Makinde, an apostle of due process, to have followed a just line of action and avoid reducing the Alaafin stool or the Alaafin to an Oba Gbandu or Oba Yebuyebu (an ordinary oba without honour).

“When the Ooni of Ife, Oba Enitan Ogunwusi, was to be made the oba, he entered Ipebi and everything was done by the custom and tradition of Ife before he was proclaimed as the Oonirisa.

“We don’t want our revered stool or the Alaafin to become an object of ridicule and mockery in the future. We don’t want him to be referred to as an Oba that was anointed in Ibadan, precisely at the Office of the Governor. We don’t want people to refer to him as an Alaafin who did not enter Ipebi.

“The Alaafin of Oyo is a prominent and first-class traditional ruler in the entire Yorubaland. We, the Atiba 9, are against the process embarked upon by the state government to make Omooba Owoade the Alaafin.

“It should be stopped and the right thing must be done in appointing a new Alaafin.

“We don’t have anything personal against Omooba Owoade who was appointed as the Alaafin on Monday. He too made efforts to become the Oba. We don’t have any personal issues with Omooba Ridwan Gbadegesin either.

“However, our grouse is against the process through which Owoade and Gbadegesin emerged as candidates to the Alaafin Stool. And what Governor Makinde had done by making Omooba Owoade the Alaafin is an attempt to ridicule the throne. We, the Atiba 9, don’t want it!

“We respect Professor Wande Abimbola who consulted Ifa, but if he wants to be fair to all, he should come and consult Ifa at Ojude Ogun here in Oyo,” the statement read.

The Atiba 9 also charged the Oyo Mesi, under the leadership of Basorun, to amicably resolve whatever disagreement they have among themselves, noting that they are the only ones who can initiate the process of selecting a new Alaafin.

“Whatever is the grouse or disagreement between the Basorun and other members of the Oyo Mesi should be resolved.

“They should call themselves together and settle their crisis amicably before any process of installing a new Alaafin can be embarked upon,” the statement further read.

 

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