CSP Babagana Mingali, a Forensic Analyst, testified before the Federal High Court in Abuja that no nude photographs were found on the mobile phones of Professor Cyril Ndifon, Dean of the Faculty of Law at the University of Calabar (UNICAL), during forensic analysis.
Babagana, who is the second defense witness (DW-2) in the ongoing case, works at the Office of the National Security Adviser (ONSA) laboratory. He was subpoenaed by the court to testify in the case involving Ndifon, who is facing allegations of sexual harassment.
During Thursday’s proceedings, Babagana gave evidence before Justice James Omotosho, with defense counsel Joe Agi, SAN, leading him.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) is prosecuting Ndifon on charges of sexual harassment. Ndifon, alongside his attorney, Samuel Anyanwu, is facing a four-count indictment that includes allegations of sexual harassment, cybercrime, and attempts to pervert justice.
The ICPC alleges that, while serving as the Dean of the Faculty of Law at UNICAL, Ndifon asked a female Diploma student, referred to as TKJ, to send him “pornographic, indecent, and obscene photographs” of herself via WhatsApp. In a related charge, Anyanwu is accused of threatening the star witness over the phone during the case.
Both Ndifon and Anyanwu have pleaded not guilty to all charges.
On the trial’s resumed date, Babagana explained that he joined the Nigerian Police Force in 2010 and was posted to ONSA in 2017. He received a court order on July 5, 2024, requesting forensic analysis of two mobile phones—one belonging to Ndifon and the other to Anyanwu.
Babagana performed the analysis and submitted his report on August 8, 2024. The report and court letter were later admitted as exhibits.
He explained that professional tools were used to attempt to extract data from the phones, including a universal forensic extraction device, touch tool, and cables, but no relevant information could be retrieved. Babagana confirmed that no nude photos, voice recordings, text messages, or conversations were found on the phones.
The analyst also stated that no relevant data was present on the phones from January 2021 to January 2024, as the WhatsApp applications on the phones were outdated. He recommended that the phones be returned to their owners for updates in order to retrieve the necessary information.
During cross-examination by ICPC counsel, Osuobeni Akponimisingha, Babagana confirmed his five years of forensic analysis experience. While he asserted that ICPC staff also work in the NSA lab, he could not provide evidence to support this claim.
He admitted that other agencies, including the ICPC, have forensic labs, but he had not personally seen the ICPC’s lab. Babagana also acknowledged that the same device used in his lab was employed by the ICPC in extracting Exhibit H, which contained images from Ndifon’s mobile phone.
The witness further agreed that relevant data could potentially be retrieved from the phones if WhatsApp was updated.
Justice Omotosho adjourned the case until April 3 for the continuation of the defense.
