Ndifon’s Sexual Harassment Conviction: Appeal Court Upholds Two-Year Jail Term, Orders Fresh Trial on Second Count

Ndifon’s Sexual Harassment Conviction: Appeal Court Upholds Two-Year Jail Term, Orders Fresh Trial on Second Count

By Our Reporter

Abuja (Core Reporters)-The Court of Appeal, Abuja Division, has affirmed the conviction of Professor Cyril Osim Ndifon, the erstwhile Dean of the Faculty of Law, University of Calabar, for soliciting pornographic, indecent and obscene photographs from a female student.

The Court of Appeal, in its judgment delivered in Appeal No. CA/ABJ/CR/1798/2025, upheld the judgment of the Federal High Court, Abuja, which convicted Professor Ndifon on Count One of the charge and sentenced him to two years’ imprisonment without an option of fine.

The conviction arose from evidence before the trial court that Professor Ndifon, while serving as Dean of the Faculty of Law, University of Calabar, solicited pornographic, indecent and obscene photographs from a female student through electronic communication.

The offence in Count One was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

Following a protracted trial, the Federal High Court, presided over by Justice James Omotosho, found the prosecution’s evidence sufficient to establish the offence against the former Dean beyond reasonable doubt.

The trial court subsequently convicted Professor Ndifon on November 17, 2025, and sentenced him to two years’ imprisonment on Count One and five years on Count Two, without the option of a fine. The sentences were ordered to run concurrently.

Professor Ndifon, dissatisfied with the judgment, appealed to the Court of Appeal, challenging his conviction and sentence.

The appellate court, having considered the grounds of appeal, affirmed the conviction and sentence in respect of Count One.

The affirmation by the Court of Appeal means that the conviction of Professor Ndifon on the cybercrime-related offence contained in Count One has now been sustained by the appellate court.

The case originated from allegations concerning the conduct of Professor Ndifon towards female students while he was Dean of the Faculty of Law, University of Calabar.

During the trial, the ICPC presented evidence relating to communications between the appellant and a female student, including electronic communications which formed part of the evidence relied upon by the prosecution.

The prosecution’s case was that Professor Ndifon, by virtue of his position as Dean and the authority attached to that office, was in a position to exercise significant influence over students of the Faculty. The allegation in Count One specifically concerned the solicitation of pornographic, indecent and obscene photographs from a student.

In its consideration of the evidence, the Federal High Court examined the testimony of prosecution witnesses as well as the electronic evidence tendered before it. The court ultimately held that the ingredients of the offence charged under the Cybercrime Act had been established beyond reasonable doubt.

The Court of Appeal has now affirmed that finding in respect of Count One, thereby sustaining the conviction and the two-year custodial sentence imposed on Professor Ndifon for the offence.

With respect to Count Two, which concerned the allegation of conferment of an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the Court of Appeal took a different position on jurisdiction.

The appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and consequently ordered the Respondent to commence prosecution of Professor Ndifon on the count before the High Court of Cross River State.

The ICPC is currently taking steps to challenge this aspect of the judgment before the appropriate superior court. The Commission considers the jurisdictional question arising from Count Two to be a matter requiring further judicial determination.

A statement signed by J. Okor Odey, the Head of Media and Public Communications, ICPC, said, “The Commission wishes to emphasise that the appellate court’s decision on Count Two does not affect its affirmation of the conviction on Count One. The conviction for soliciting pornographic, indecent and obscene photographs from a student remains affirmed by the Court of Appeal.

The Commission reiterates its commitment to the prosecution of corruption, abuse of office and other related offences, particularly where public or institutional authority is allegedly used to exploit persons under the authority or influence of an accused person.

The ICPC also reaffirms its commitment to conducting its investigations and prosecutions strictly within the provisions of the law and in accordance with due process.

The Commission respects the decisions of the courts and will continue to utilise the available legal avenues where it considers further judicial clarification necessary.