- Seeks to dismiss charges
The Suspended Dean, Faculty of Law, University of Calabar, Prof. Cyril Ndifon who is standing trial alongside his lawyer Sunny Anyanwu on amended four counts of alleged sexual harassment and an attempt to perverse the cause of justice has accused the the Independent Corrupt Practices and Other Related Offences Commission (ICPC) of prosecuting him with a fake lawyer and a phoney professor.
Ndifon in a Motion on Notice obtained by City Lawyer has asked a Federal High Court in Abuja to strike out the amended charge against him, alleging that it was brought by a fake lawyer and prosecutor.
The embattled Professor in the application filed by his team of lawyers led by Chief Joe Agi SAN, contends that he has since discovered that the Independent Corrupt Practices and Other Related Offences Commission (ICPC) is using a fake PhD holder and professor as its lawyers. The motion is slated for hearing today.
A preliminary search by City Lawyer on the Nigerian Bar Association (NBA) “Find a Lawyer” portal however indicated that one “OSUOBENI, EKOI AKPONIMISINGHA” with Supreme Court Number 079644 is registered on the database of licensed lawyers.
The motion is brought pursuant to Section 106 of the Administration of Criminal Justice Act, 2015, Section 2(1) and 24 of the Legal Practitioners 2023, Section 6(6)(a)&(b) and 36 of Constitution of the Federal Republic of Nigeria, 1999 as Amended and under the inherent Jurisdiction of the Honorable Court.
Among the prayers sought by the defendant are: “An order of court striking out the amended charge in this case same being incompetent and preferred by a person whose name is not on the roll of legal Practitioners in Nigeria Pursuant to section 2 of the legal Practitioner Acts and thus robbing this Court of its jurisdiction,”
“An order of Court striking out all the appearance of Joshua E. Alobo from the prosecution Counsel for appearing as a private Legal Practitioner in a criminal case without the fiat of the Honourable Attorney General of the Federation,” and
“An order of Court referring both Osuobeni Ekoi Akponimisingha and Joshua E. Alobo to the Legal Practitioners Disciplinary Committee for answering and caused to printed on their process the title “Dr.” “Professor” when they do not have the academic qualifications to show for the titles thereby misrepresenting themselves to the public and bringing legal profession to ridicule and shame”.
The grounds upon which the application is brought are that: “The amended charge in this case is incompetent and preferred by a person whose name is not on the roll of Legal practitioner in Nigeria Pursuant to Section 2 of the Legal Practitioner Act and thus robbing this court of its jurisdiction.
“The amended charge was referred by one Dr. Osuobeni Ekoi Akponimisingha, a person whose name is not on the roll of Legal Practitioners in Nigeria Pursuant to Section 2 of the Legal Practitioners Act.
“That Joshua E. Alobo who appears for the prosecution as Counsel as a private Legal Practitioner in a criminal case does not have the fiat of the Honourable Attorney General of the Federation.
“That both Osuobeni Ekoi Akponimisingha and Joshua E. Alobo answer in this court and cause to printed on their processes the title “Dr.” “Professor” when they do not have the academic qualifications to show for the titles thereby misrepresenting themselves to the public and bringing legal profession to ridicule and shame.
“That a grant or allowance of this application will aid the cause of justice and also aid the mandate of the Independent Corrupt Practices and Other Related Offences Commission established to fight corruption in all sphere of our nation.”
The matter has been slated for hearing on the 19th day of March, 2024 before Justice James Omotosho of the Federal High Court, Abuja.
ICPC is prosecuting Ndifon on four (4) counts charge bordering on sexual harassment, official corruption and abuse of office contrary to sections 8, 18 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.
It would be recalled that the court had earlier thrown out a “No case to answer” motion Ndifon filed and directed him to enter his defence.
Credits: City Lawyer
