Sexual Harassment: Court of Appeal Upholds Two-Year Jail Term for Ex-UNICAL Dean
The Court of Appeal, Abuja Division, has upheld the conviction and two-year prison sentence imposed on former Dean of the Faculty of Law, University of Calabar, Professor Cyril Osim Ndifon, for soliciting pornographic, indecent and obscene photographs from a female student.
The appellate court, in its judgment in Appeal No. CA/ABJ/CR/1798/2025, affirmed the judgment of the Federal High Court, Abuja, on Count One of the charge, which was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
The Federal High Court, presided over by Justice James Omotosho, had convicted Ndifon on November 17, 2025, after finding the prosecution’s evidence sufficient to establish the offence beyond reasonable doubt.
The court sentenced him to two years’ imprisonment on Count One and five years on Count Two, with the sentences ordered to run concurrently and without an option of fine.
The case arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law at the University of Calabar.
According to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which prosecuted the case, evidence presented during the trial included electronic communications between Ndifon and a female student.
The prosecution alleged that Ndifon, by virtue of his position as Dean and the authority attached to the office, exercised significant influence over students, with Count One specifically relating to the alleged solicitation of pornographic, indecent and obscene photographs from a student through electronic communication.
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In reaching its decision, the Federal High Court considered the testimonies of prosecution witnesses and electronic evidence tendered before it before concluding that the ingredients of the offence under the Cybercrime Act had been established beyond reasonable doubt.
Dissatisfied with the judgment, Ndifon appealed to the Court of Appeal, challenging both his conviction and sentence.
However, the appellate court affirmed the conviction and two-year custodial sentence imposed in respect of Count One, effectively sustaining the lower court’s finding on the cybercrime-related offence.
The Court of Appeal, however, reached a different conclusion on Count Two, which involved an allegation of conferment of undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and consequently ordered the prosecution to commence proceedings against Ndifon on the count before the High Court of Cross River State.
The ICPC said it was taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court.
The Commission stressed that the decision on Count Two did not affect the appellate court’s affirmation of Ndifon’s 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 said.
The ICPC reiterated its commitment to prosecuting corruption, abuse of office and related offences, particularly cases involving alleged misuse of institutional authority to exploit persons under an accused person’s influence.
It also said it would continue to conduct investigations and prosecutions in accordance with the law and due process while respecting judicial decisions and utilising available legal avenues where further judicial clarification is considered necessary.
The Commission said it would provide further updates as the legal process progresses.
By PRNigeria
