Court adjourns hearing of suspended UNICAL dean’s bail application to January 31

Justice James Omotosho of the Federal High Court, Abuja, on Friday, adjourned the hearing of a bail application filed by the suspended Dean of the Faculty of Law, University of Calabar, Prof. Cyril Ndifon, till January 31.

The adjournment followed a claim by the prosecution counsel, Osuobeni Akponimisingha, that he was just being served with Ndifon’s affidavit and would need time to study the process.

The development did not go down well with Solomon Umoh (SAN), who appeared for Ndifon, and Sunny Anyanwu, the co-defendant.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) arraigned Ndifon and Anyanwu for alleged sexual harassment and threatening the star witness in the case.

Anyanwu, who is one of the lawyers in the defence team, was joined in the amended charge filed on January 22 by the ICPC for calling a prosecution witness on her mobile phone and threatening her.

Justice Omotosho on Thursday ordered the two defendants to be remanded in Kuje Correctional Centre pending the hearing of their bail applications.

The judge, who adjourned the matter till Friday, held that the bail request would be taken after the trial.

At Friday’s proceeding, Umoh urged the court to allow the hearing of his client’s bail applications before the trial but Akponimisingha opposed it, saying that based on the previous day’s directive of the court, the trial should be taken first.

The ICPC lawyer argued further that he was just being served with the latest application filed on Thursday by Umoh and that he would need time to study it whether to respond or not.

He said when the judge admitted Ndifon to temporary bail on January 10 to enable him to go for a glaucoma surgery, it took them about a week to perfect the bail before the professor could proceed with the operation.

Ruling, Justice Omotosho said since an accelerated hearing had been granted in the matter, the court would give a short adjournment.

He consequently adjourned the matter till January 31 for hearing of the bail applications.

But shortly after the adjournment, Umoh stood up to address the court.

The senior lawyer, who insisted that bail is a constitutional matter, said the application he brought was in line with the constitution.

He reminded the judge that Ndifon did not flout the interim bail granted by the court, hence the need to admit him to bail or extend the earlier one granted him.

READ ALSO: ICPC files criminal charge against suspended UNICAL dean

The lawyer said: “I beg in the name of God that he should be granted the bail in the terms granted him earlier.”

Responding, Justice Omotosho said the earlier bail was granted on the premise that there were facts before the court that Ndifon was going for medical surgery on a scheduled date.

He said the facts about the present application were not before the court.

“You filed a process on January 25 and you served the prosecution counsel today.

“That process has a medical report that was not before the court and the prosecution said he needs to respond.

“I have looked at my diary and there are many cases on Monday and Tuesday.

“Even on Wednesday, January 31, I have about 19 cases but I conceded to ensure that the bail application is taken,” the judge explained politely.

Umoh then prayed the court to take Anyanwu’s bail, saying the bail of the 2nd defendant was independent of the 1st defendant.

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