The Court of Appeal, Abuja Division, has upheld the conviction and two-year imprisonment of Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar, for soliciting pornographic, indecent and obscene photographs from a female student.
The appellate court, in a judgment delivered on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, affirmed the judgment of the Federal High Court, Abuja, on Count One of the charge.
However, the Court of Appeal ordered a fresh trial on Count Two, holding that the Federal High Court lacked jurisdiction to entertain that particular charge under the Corrupt Practices and Other Related Offences Act.
The case was prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law, University of Calabar.
Count One, prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, alleged that Ndifon solicited pornographic, indecent and obscene photographs from a female student through electronic communication.
Following a protracted trial, Justice James Omotosho of the Federal High Court 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, with the sentences ordered to run concurrently and without an option of fine.
Dissatisfied with the judgment, Ndifon appealed, challenging both his conviction and sentence.
After considering the grounds of appeal and evidence presented before the trial court, the appellate court affirmed the conviction and two-year custodial sentence on Count One.
The conviction was based, among other evidence, on electronic communications between Ndifon and a female student which the prosecution tendered during the trial.
The prosecution had argued that Ndifon, as Dean of the Faculty of Law, occupied a position of authority and influence over students, while the allegation in Count One specifically related to the solicitation of sexually explicit material.
The Court of Appeal’s decision means that the conviction for the cybercrime offence has been sustained at the appellate level.
Fresh trial ordered on second count
On Count Two, which alleged that Ndifon conferred an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the Court of Appeal reached a different conclusion.
The appellate court held that the Federal High Court lacked jurisdiction to try the offence and directed that prosecution on the count commence 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 concerning Count Two does not affect the appellate court’s affirmation of Ndifon’s conviction and sentence on Count One.
It said the conviction for soliciting pornographic, indecent and obscene photographs from a student remains valid following the Court of Appeal’s judgment.
The ICPC reiterated its commitment to prosecuting corruption, abuse of office and related offences, particularly allegations involving the use of institutional authority to exploit persons under an accused person’s influence.
The Commission also said it would continue to conduct its investigations and prosecutions in accordance with the law and due process, while respecting judicial decisions and exercising available legal avenues where further judicial clarification is considered necessary.
Ndifon’s legal position on Count Two will therefore be subject to further proceedings, while his conviction and two-year sentence on Count One remain affirmed by the Court of Appeal.
