A Federal High Court, Abuja, on Wednesday, ordered the release of Prof. Cyril Ndifon, the suspended Dean of Faculty of Law, University of Calabar (UNICAL), on a temporary bail to enable him go for a glaucoma surgery.
Justice James Omotosho made the order following an application by Ndifon’s counsel, Okon Efut, SAN, and which was not opposed by Osuobeni Akponimisingha, lawyer to Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Justice Omotosho, who said he had considered Ndifon’s oral bail application, admitted him to bail in the sum of N250 million with a surety who must sworn to affidavit of means and deposit his or her travel passport with the court registry.
The judge also ordered that the bail would take effect from today (Jan. 10) to Jan. 25 when the bail application filed by the lawyer would be heard.
The matter was consequently adjourned until Jan. 25 and Jan. 26 for continuation of trial and hearing of bail application.
Efut had, on Monday, informed the court that Ndifon had been scheduled for the eye surgery on Thursday (Jan. 11).
The senior lawyer passionately appealed to the court to admit his client to bail to enable him go for the operation for him to be able to stand his trial, but the court held that the bail application was not ripe for hearing.
The embattled varsity don was ordered to be remanded in Kuje Correctional Centre and the matter was fixed for today.
The development occured after the ICPC’s lawyer alleged that one of the defence lawyers, Mr Sunny Anyanwu, threatened the commission’s star witness on phone over the case.
Justice Omotosho consequently adjourned the matter until today to hear the bail application and the affidavit of facts which Anyanwu was directed to file to give him fair hearing.
Upon resumed hearing, Efut informed the court that he had filed a further and better affidavit to respond to ICPC’s counter affidavit to their bail application.
He said he had also been served with Anyanwu’s affidavit of facts.
The judge then asked of Anyanwu’s whereabouts.
Omotosho, who wondered why Anyanwu would not have been in court, said if he had delivered the ruling based on the arguments in the last sitting, the lawyer’s name would have been mentioned and this might either affect the court decision negatively or positively.
A lawyer stood up and informed that Anyanwu had issues with his car but was already in the court premises.
The lawyer also confirmed that he had already filed his affidavit of facts.
But the prosecution lawyer said he had neither seen Efut’s better and further affidavit nor seen Anyanwu’s affidavit of facts.
“My lord, I am empty. I have not been served witb any of these applications to either respond or not. My lord the issue of service needs to be clear in the interest of justice,” he said.
The judge then said that the bail application was not ripe for hearing.
Efut and Anyanwu told the court that their applications were filed previous day and the bailif was mobilised For the service.
Efut, who pleaded with the court, said he would undertake so that Ndifon could be released to him to enable him have the surgery.
Justice Omotosho then agreed to release Ndifon to Efut with conditions.
“I will release him to you as a SAN and attach a little condition,” he said.
The judge, who said the matter would be given accelerated hearing, directed the ICPC to come with their witnesses in the next adjourned date.
