Appeal Court upholds professor's two-year jail sentence for sexual misconduct

The Court of Appeal in Abuja has upheld the conviction of Cyril Ndifon, a law professor and former dean at the Faculty of Law, University of Calabar (UniCal). He was found guilty of asking a female student for pornographic, indecent, and obscene photos.

The Court of Appeal delivered its judgement on 18 September in Appeal No. CA/ABJ/CR/1798/2025. It agreed with the Federal High Court's decision, which convicted Mr Ndifon on Count One of the charge and sentenced him to two years in prison without an option of fine. This information came from a press release by the anti-corruption agency, ICPC.

The conviction was based on evidence that showed the professor, while he was dean, solicited inappropriate photos from a female student through electronic means. This was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

After a lengthy trial, the Federal High Court, led by Justice James Omotosho, found enough evidence to prove the case against Mr Ndifon beyond a reasonable doubt. The court convicted him on 17 November 2025 and sentenced him to two years for Count One and five years for Count Two, with both sentences running at the same time.

Mr Ndifon was not happy with the judgement and appealed to the Court of Appeal, challenging his conviction and sentence. The higher court reviewed the appeal and upheld the conviction and sentence for Count One.

This ruling means that the Court of Appeal has confirmed Mr Ndifon's conviction related to the cybercrime charge in Count One. The case stemmed from claims about Mr Ndifon's behavior towards female students during his time as dean.

During the trial, the ICPC presented evidence of conversations between Mr Ndifon and a female student. This included electronic communications that the prosecution used as part of their case.

The prosecution argued that because of his position as dean, Mr Ndifon had significant influence over students in the faculty. The specific claim in Count One was about him asking a student for pornographic photos.

The Federal High Court looked closely at the testimonies of witnesses and the electronic evidence presented. The court decided that the elements of the crime under the Cybercrime Act were proven beyond a reasonable doubt.

The Court of Appeal has now confirmed that decision for Count One, maintaining the two-year jail sentence for Mr Ndifon. Regarding Count Two, which involved claims of giving an unfair advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the Court of Appeal had a different view on jurisdiction.

The appellate court ruled that the Federal High Court did not have the authority to handle that charge. It asked the ICPC to start fresh prosecution of Mr Ndifon for Count Two in the High Court of Cross River State.

The ICPC is planning to challenge this part of the ruling in a higher court. They believe the issue of jurisdiction in Count Two needs further legal clarification.

The Commission has highlighted that the appellate court's decision on Count Two does not change the affirmation of the conviction on Count One. Mr Ndifon's conviction for soliciting inappropriate photos remains intact.

The ICPC is committed to fighting corruption, abuse of office, and related crimes, especially when someone uses their power to exploit others. They also promise to follow the law in their investigations and prosecutions.

The Commission respects court decisions and will keep using legal means to get further clarification when necessary. They will provide more updates as the legal process moves forward.