Appeal Court Upholds Ndifon’s Two-Year Jail Term, Orders Fresh Trial on Second Count
The Court of Appeal, Abuja Division, has upheld the conviction of former Dean of the Faculty of Law, University of Calabar, Prof. Cyril Osim Ndifon, over the solicitation of pornographic, indecent and obscene photographs from a female student.
In its judgment delivered on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, the appellate court affirmed the decision of the Federal High Court, Abuja, which convicted Ndifon on Count One and sentenced him to two years in prison without an option of fine.
The conviction followed evidence presented by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) that Ndifon, while serving as Dean, solicited the photographs from a female student through electronic communication.
The offence was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
Justice James Omotosho of the Federal High Court had, after a prolonged trial, found the prosecution’s evidence sufficient to establish the offence beyond reasonable doubt.
The trial court convicted Ndifon on November 17, 2025, sentencing him to two years’ imprisonment on Count One and five years on Count Two. Both sentences were to run concurrently and without an option of fine.
Dissatisfied with the ruling, Ndifon appealed to the Court of Appeal, challenging both his conviction and sentence.
After considering the grounds of appeal, the appellate court upheld the conviction and two-year sentence imposed on him in relation to Count One.
The case stemmed from allegations concerning Ndifon’s conduct towards female students during his tenure as Dean of the Faculty of Law, University of Calabar. Evidence presented by the ICPC included electronic communications between the former dean and a female student.
The prosecution had argued that Ndifon, as dean, occupied a position of authority and influence over students, while Count One specifically centred on the alleged solicitation of pornographic, indecent and obscene photographs.
In reaching its decision, the Federal High Court considered the testimony of prosecution witnesses and electronic evidence tendered during the proceedings before concluding that the elements of the offence under the Cybercrime Act had been proved beyond reasonable doubt.
The Court of Appeal has now affirmed that finding, leaving Ndifon’s conviction and two-year custodial sentence on Count One intact.
However, the appellate court reached a different conclusion regarding Count Two, which relates to an allegation of conferring an undue advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The Court of Appeal held that the Federal High Court lacked jurisdiction to hear the second count and directed that Ndifon be prosecuted on the allegation before the High Court of Cross River State.
The ICPC said it was taking steps to challenge the decision on Count Two before the appropriate superior court, describing the jurisdictional issue as one requiring further judicial determination.
The Commission stressed that the decision concerning Count Two does not affect the appellate court’s affirmation of the conviction on Count One.
It also reaffirmed its commitment to prosecuting corruption, abuse of office and related offences, particularly allegations involving the use of institutional or public authority to exploit persons under an accused person’s influence.
The ICPC said it would continue to conduct its investigations and prosecutions in line with the law and due process, while respecting court decisions and pursuing available legal avenues where further judicial clarification is considered necessary.
Source: ICPC
