A Federal Excessive Courtroom, Abuja, on Tuesday, granted depart to Prof. Cyril Ndifon, the suspended Dean of the School of Legislation, College of Calabar, UNICAL, to enchantment the choice of the court docket dismissing his no-case submission within the cost towards him.
Justice James Omotosho additionally gave Ndifon’s lawyer, Mr Sunny Anyanwu, the go-ahead to file an enchantment towards the dismissal of the no-case submission.
Justice Omotosho granted the depart following a movement filed by Ndifon and Anyanwu’s counsel, Joe Agi, SAN, which was not opposed by the Unbiased Corrupt Practices and Different Associated Offences Fee, ICPC’s lawyer, Osuobeni Akponimisingha.
Recall that the decide had, on March 6, dismissed the no-case submission filed by Ndifon and Anyanwu on the bottom that the proof led by the prosecution constituted a prima facie case towards the duo.
Consequently, Justice Omotosho ordered them to enter their defence within the costs filed towards them.
When the matter was known as on Tuesday, Akponimisingha knowledgeable the court docket that the matter was slated for the defendants to open their defence and that he was able to proceed.
However Agi drew the eye of the court docket to 2 motions filed on behalf of the defendants.
He mentioned the primary movement sought the depart of the court docket to enchantment its ruling on their no-case submission and the second movement sought an order directing the registrar of the court docket to make out there Displays N and O (Oppo and Tecno Telephones) to the defendants.
Akponimisingha, who knowledgeable the court docket that his consideration was solely drawn to the motions on Monday, mentioned he was not opposing the primary movement, searching for depart to enchantment.
Nevertheless, he indicated curiosity in opposing the movement searching for the discharge of Ndifon’s two telephones to the Nationwide Forensic Laboratory.
Justice Omotosho, who granted the movement searching for depart to enchantment his ruling, adjourned the matter till March 19 for a listening to of all pending motions within the matter.
NAN studies that Ndifon and Anyanwu had, on Feb. 19, filed a no-case submission after the ICPC closed its case.
That they had argued that there was no proof adduced by the prosecution on which the court docket may convict them and insisted that the fee failed to determine a prima facie case towards them.
However the ICPC, in opposition, filed a counter affidavit on Feb. 23, praying the court docket to dismiss the no-case submission of the defendants.
Ndifon was, on Jan. 25, re-arraigned alongside Anyanwu on an amended four-count cost bordering on alleged sexual harassment and try to perverse the reason for justice.
Anyanwu, who is without doubt one of the attorneys within the defence, was joined within the amended cost filed on Jan. 22 by the ICPC on the allegation that he known as TKJ, the star witness, on her cell phone through the pendency of the cost towards Ndifon and threatened her.
The anti-corruption fee had, on Feb. 14, introduced the closure of their case after calling 4 witnesses, together with a feminine diploma scholar recognized as TKJ
