The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has opposed the motion asking for court to release the telephones of Professor Cyril Ndifon and Barrister Sunny Anyanwu to a purported National Computer Forensic Laboratory.
Ndifon, a suspended Dean of Faculty of Law, University of Calabar and Barrister Anyanwu are being tried by ICPC before Justice James Omotosho at the Federal High Court, Abuja over an alleged sexual misconduct and attempt to perverse the cause of justice contrary to sections 8, 18 and 19 of the Corrupt Practices and Other Related Offences Act, 2000 and Section 182 of the Penal Code Cap. 532 Laws of the Federal Capital Territory, Abuja, 2006.
At the resumed hearing on Tuesday, counsel to the two defendants, Mr. Joe Agi SAN informed the court of the two motions filed before the court dated 8th of March, 2024.
He said the first motion was to seek leave of court against the ruling on the no case submission while the second motion hinged on a prayer for the court to direct its registrar to make available exhibits N and O (telephones of the defendants) to the defendants’ applicants.
While counsel to the ICPC, Dr. Osuobeni Ekoi Akponimisingha did not oppose the first motion seeking the leave of court to appeal the ruling of the court dismissing the Defendants’ No Case Submission, he however contested the second motion on the ground that the purported laboratory the defendants/ applicants asked the court to release the phones to was not in existence nor does it have a known address.
He said “as at now Sir, the National Computer Forensic Laboratory has not been established. If they have the address, let them provide it. To the best of my knowledge, there’s no such laboratory anywhere”.
He thereafter prayed the court for an adjournment to enable the prosecution respond to the motion seeking the court’s permission to release the phones of the defendants to the purported National Computer Forensic Laboratory.
Justice J.K Omotosho thereafter adjourned the trial till 19th of March, 2024 for hearing of pending motion on notice.