The police said on Friday that nothing was found in the phone of Cyril Ndifon, embattled Dean of the Faculty of Law of the University of Calabar, currently facing charges of sexual assault on a female student of the university.
The university don, whose case came to the fore in 2022, following a demonstration of students of the faculty, who accused him of multiple infractions, including sexual harassment of female students, has since been suspended from academic duties.
He has also pleaded not guilty of the charges, ascribing his travails to a set up by those who want his job, denying that he ever asked his accuser to send him her nude pictures.
In a case filed against him by the Independent Corrupt Practices Commission (ICPC), Babagana Musa Mingali, a police forensic analyst, told Justice James Omotosho of the Federal High Court, Abuja, on Thursday that the mobile phone belonging to don was empty when he analysed it.
Babagana, a Chief Superintendent of Police (CSP) who works in the office of the National Security Adviser, and the second Defence Witness (DW2) brought to court through a subpoena to give evidence in the case told the court that he used every method in the professional to trace the records, but found no trace in the phone.
Specifically, Ndifon, alongside his lawyer, Samuel Anyanwu, is standing trial on four counts of alleged sexual harassment, cybercrime, and attempt to pervert the course of justice, with the ICPC alleging that the don while in office, asked the female diploma student identified as TKJ to send him “pornographic, indecent, and obscene photographs of herself” through WhatsApp chats.
Anyanwu, one of the lawyers for the defence, who was joined in the amended charge filed on January 22, 2024, by the ICPC, was alleged to have called one of the prosecution witnesses on her mobile phone during the pendency of the charge against Ndifon to threaten her, charges to which they both pleaded not guilty.
Led in Evidence by Joe Agi, the Defense lawyer, Senior Advocate of Nigeria (SAN), Babagana, who told the court that he joined the Nigerian Police Force in 2010 and was posted to the office of the National Security Adviser (NSA) in 2017, explained that he got a letter from the Court dated July 5, 2024, which came with two mobile phones, ordering a forensic analysis of the two phones belonging to Ndifon and his co-defendant, Anyanwu.
He further said that he conducted the analysis on the mobile phones at the NSA lab and wrote a report on them, dated August 8, 2024, presenting same to the court, submitting a copy of the letter and the report which were admitted as exhibits in the matter.
Explaining that his office used highly professional tools in trying to extract documents from the phone, but could not, he stated: “My lord, we used the Universal forensic extraction device, a Touch Tool and some accompanied cable 2070 and cable 100, including some external storage devices in trying to extract the data.”
Clearly stating that he did not see any naked photographs, email trails, voice recording, text messages and Conversations, the police witness told the court that people from other agencies including the ICPC were also posted to the NSA lab, where the tests were conducted.
emphasising that no relevant information was found on the two phones between January 2021 up until January 2024 as the WhatsApp applications were out of date, he said there was need to return them to the owners to update it so as to achieve the desired result.
Grilled under cross-examination by ICPC’s lawyers, Osuobeni Akponimisingha, Babagana, who said he has actively practiced forensic analysis for about five years, insisted that ICPC staff were posted to their lab though he did not their posting letter as evidence to back up his claim.
He said he knew the operatives of the police, EFCC, and the ICPC had forensic labs but stressed that he was yet to see that of the ICPC, while admitting that the same device (Touch Tool) used by his office, was also used by the ICPC in generating Exhibit H, which are the images from the mobile phone belonging to the professor.
Acknowledging that the other forensic labs could equally do same thing his office did, he also admitted that it would be possible to find something in the phones of the WhatsApp is updated in his submission to the court, which adjourned the matter till April 3 for continuation of defence.