By CrossRiverWatch Admin
The National Industrial Court of Nigeria sitting in Calabar and presided over by Honorable Justice Eunice N. Agbakoba has yesterday 21st September 2016, delivered judgement dismissing the suit filed by the erstwhile Dean of Law Faculty, University of Calabar, Professor Cyril Osim Ndifon challenging his suspension by the University of Calabar.
Professor Ndifon was suspended by the University after he allegedly raped a 20 year old, 400 level student in his office last year. His suspension was to last pending when he is completely exonerated from the criminal rape allegation and the alleged acts of official misconduct.
The embattled Professor of law had dragged the University authorities to Court in Suit No. NICN/CA/01/2016 claiming, amongst other things, that the University of Calabar had no power to have suspended him beyond the statutory three(3) months under the University of Calabar Act, LFN, 2004.
However, in a considered judgement delivered yesterday 21st September, 2016 and colored with great erudition, the Court held that the suspension of Professor Ndifon beyond three months, is not in any way invalidated under Section 16(2) of the University of Calabar Act.
The Court further dismissed in its entirety all the reliefs sought by Professor Ndifon, saying that the learned Professor cannot restrain the University from investigation his conduct while in employment.
Those who were named as parties in the suit included the Vice Chancellor University of Calabar; the Governing Council, University of Calabar, and the University of Calabar (as 1st, 2nd and 3rd Defendants/Respondents respectively).
Professor Ndifon who has a notorious reputation as a skirt chaser, has over time been brandishing on newspaper pages a police medical report which purportedly exonerated him from the criminal allegation of rape.
In a telephone conversation with our reporter, Barrister Fakuta Nachamada who is Counsel to the University of Calabar, described the judgment of the Court as not only sound in law but also the triumph of truth over evil.
When asked whether Professor Ndifon can appeal the said judgment, the learned Counsel referred this reporter to the case law authority of Lagos Sheraton Hotel And Towers V. Hotel And Personal Services Senior Staff Association (2014) LPELR -23340 (CA) where it was held that appeal against the decisions of the National Industrial Court of Nigeria is totally circumscribed.
A litigant not satisfied with a judgement of the National Industrial Court can only appeal in cases relating to fundamental rights under chapter IV of the Constitution or in criminal causes as they relate to matters upon which the National Industrial Court has jurisdiction (which is not the case in Professor Ndifon’s suit).
Lawyers to the learned Professor were not available for comments.
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