X-RATED videos of a female Diploma student found in the two phones confiscated by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) from Prof. Cyril Ndifon in continuation of the trial of the suspended Dean of Faculty of Law of the University of Calabar (UNICAL) were played in court on Monday.
ICPC’s lawyer, Osuobeni Akponimisingha, led Bwaigu Fungo, the 4th prosecution witness (PW4) to play the videos in evidence in the ongoing trial of Professor Ndifon and his co-defendant, Sunny Anyanwu, before Justice James Omotosho of a Federal High Court, Abuja.
The court had earlier admitted in evidence two mobile phones seized by the anti-graft commission from Professor Ndifon.
Justice Omotosho admitted the mobile devices; an Oppo Phone and a Tecno Pova Phone with their chargers after they were tendered by Barrister Akponimisingha, and the application was not opposed by the defence counsel, Joe Agi (SAN).
The Oppo and Tecno phones were marked exhibits N and O by the court.
Meanwhile, Fungo, a Forensic and Intelligence Analyst with ICPC, while giving his testimony analysed three nude videos obtained from Professor Ndifon’s Oppo phone.
PW4 said the videos were extracted from Exhibit N belonging to the embattled professor.
He said they were videos of TKJ as requested by Professor Ndifon.
“The videos as sent by TKJ to Exhibit N (Oppo phone owned by Professor Ndifon) is usually sent by the 1st defendant to another subscriber (another phone number),” the witness said.
He said though about 16 videos were extracted, three were TKJ’s videos.
He said TKJ did the videos on 26 September 2023.
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 Professor Ndifon would have forwarded the videos sent to him by TKJ to another phone number, Fungo said it was to preserve the video for whatever reason.
Akponimisingha also requested Exhibit 0 (Tecno phone) and the witness was asked questions on some of the extractions.
While being cross-examined, Agi asked Fungo if from the videos he played, TKJ did it involuntarily.
The witness said: “The acts of TKJ were involuntarily done.”
He 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 movement,”
Meanwhile, Justice Omotosho had ordered the management of the Kuje Correctional Centre to allow Barrister Anyanwu access 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 14 February 2024 for continuation of trial.
Professor Ndifon was on 25 January 2024 re-arraigned alongside Barrister Anyanwu as 1st and 2nd defendants respectively on an amended four-count charge bordering on alleged sexual harassment and attempt to pervert the course of justice.
Barrister Sunday Anyanwu, who is one of the lawyers for the defence, was joined in the amended charge filed on 22 January by the ICPC on the allegation that he called one of the prosecution witnesses on her mobile telephone during the pendency of the suit to threatened her.
They are facing trial on a four amended count charge bordering on sexual harassment and attempt to pervert the course of justice contrary to sections 8, 18 and 19 of the Corrupt Practices and Other Related Offences Act, 2000 and Section 182 of the Penal Code Cap. 532 Laws of the Federal Capital Territory, Abuja, 2006.
They were, however, admitted to bail on Friday after a female student, identified as TKJ (not real name) by the court, one of the alleged victims of sexual assault by the don, completed her testimony.
Eighteen-Eleven Media