Court Overrules Suspended UNICAL Professor On No-Case Submission
A Federal High Court (FHC), Abuja, on Wednesday, overruled the no-case submission filed by Prof. Cyril Ndifon and his lawyer, Mr Sunny Anyanwu, against the charge by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
While ruling, Justice James Omotosho held that the evidence led by the prosecution constituted a prima facie case against the duo.
Justice Omotosho, therefore, ordered Ndifon, the suspended Dean of the Faculty of Law, University of Calabar (UNICAL), and Anyanwu to enter their defence.
Recall that Ndifon and Anyanwu had, on Feb. 19, filed a no-case submission after the ICPC closed its case.
The duo, through their lawyer, Joe Agi, SAN, said there was no evidence adduced by the prosecution on which the court could convict them, insisting that the commission failed to establish a prima facie case against them.
They, therefore, formulated three issues for determination.
These include, “whether the originating charge dated and filed on October 22, 2023, was initiated by due process of law to confer jurisdiction on the honourable court entitling the court to grant an order amending the same, and if the amended charge filed on January 22, 2023, is competent to confer jurisdiction on the court.
“Whether, from the evidence adduced, a prima facie case has been made out against the defendants as to warrant them entering a defence.
“Whether the case of the prosecution was so damaged under cross-examination that no reasonable tribunal will convict on it.”
But the commission, in opposition, filed a counter affidavit on Feb. 23, praying for the court to dismiss the application.
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