Posted by Samuel on Wed 14th Feb, 2024 - tori.ng
ICPC’s counsel, Osuobeni Akponimisingha, told Justice James Omotosho of the Federal High Court, Abuja, that the Commission has closed its case after Bwaigu Fungo, the 4th prosecution witness, a forensic and intelligence analyst, was cross-examined by the defence lawyer, Joe Agi, SAN.
On Wednesday, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) concluded its case against Prof. Cyril Ndifon, the suspended Dean of the Faculty of Law at the University of Calabar (UNICAL), and his co-defendant, Sunny Anyanwu.
ICPC’s counsel, Osuobeni Akponimisingha, told Justice James Omotosho of the Federal High Court, Abuja, that the Commission has closed its case after Bwaigu Fungo, the 4th prosecution witness, a forensic and intelligence analyst, was cross-examined by the defence lawyer, Joe Agi, SAN.
The News Agency of Nigeria (NAN) reports that Akponimisingha had earlier informed the court that the anti-corruption commission had about seven witnesses and also planned to amend the charge to increase the witness number in proving the case against the defendants.
Ndifon was, on Jan. 25, re-arraigned alongside Anyanwu as 1st and 2nd defendants on an amended four-count charge bordering on alleged s*xual harassment and attempt to perverse the cause of justice.
Anyanwu, who is one of the lawyers in the defence team, was joined in the amended charge filed on Jan. 22 by the ICPC following allegations that he called one of the prosecution witnesses on her mobile telephone during the pendency of the charge against Ndifon to threaten her.
The accused persons, however, pleaded not guilty to the charges.
Justice Omotosho had, on Friday, granted bail to Ndifon and Anyanwu in the sum of N250 million and N50 million, respectively with two sureties each in like sum.
Upon resumption of the trial on Wednesday, Fungo’s cross-examination continued.
When Agi asked the forensic analyst if he knew what Ndifon and TKJ, the female Diploma student alleged to have been s*xually harassed, discussed in the call log, he said he did not know.
When the lawyer asked the witness if he knew the first communication between Ndifon and TKJ, Fungo said from the analysis he carried out on the mobile phones, their first communication through the WhatsApp channel was on March 14, 2023 and the message was: “Good evening sir.”
The witness, who also said that he did not analyse TKJ’s phone in the course of the investigation, said he was not given TKJ’s phone by the ICPC to analyse.
After Fungo’s testimony, Akponimisingha told the court that the prosecution was closing its case.
“This is the case for the prosecution and we have closed our case today,” he said.
Responding, counsel to the defendants’, Agi, told the court that they planned to file a no-case submission.
He said he would need seven days to file the application.
The ICPC lawyer assured the court that immediately the defence served him with the no-case submission, he would also need about seven days to reply.
Justice Omotosho consequently adjourned the matter until Feb. 27 to hear the defendants’ no-case submission.