The Court of Appeal, Abuja Division, has affirmed the conviction and two-year prison sentence imposed on 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 delivered its judgment on Thursday, September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, upholding the judgment of the Federal High Court, Abuja, on Count One of the charge.
Professor Ndifon was convicted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, over electronic communications in which he allegedly solicited the photographs from a female student.
The Federal High Court, presided over by Justice James Omotosho, had convicted him on November 17, 2025, sentencing him to two years’ imprisonment on Count One and five years on Count Two, with the sentences to run concurrently and without an option of fine.
Dissatisfied with the judgment, Professor Ndifon appealed, challenging both his conviction and sentence.
However, in its judgment, the Court of Appeal affirmed the conviction and two-year custodial sentence on Count One, finding no basis to overturn the trial court’s decision on the cybercrime-related offence.
The case stemmed from allegations concerning Professor Ndifon’s conduct towards female students while he was Dean of the Faculty of Law, University of Calabar.
During the trial, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) presented evidence relating to communications between Professor Ndifon and a female student, including electronic evidence relied upon by the prosecution.
The prosecution had argued that his position as Dean gave him significant influence over students, while Count One specifically concerned the alleged solicitation of pornographic, indecent and obscene photographs.
However, the Court of Appeal reached a different conclusion on Count Two, which concerned an alleged 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 that Professor Ndifon be prosecuted afresh on the count before the High Court of Cross River State.
The ICPC said it is taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court.
The Commission stressed that the decision on Count Two does not affect the Court of Appeal’s affirmation of the conviction and two-year sentence on Count One.
The ICPC reaffirmed its commitment to prosecuting corruption, abuse of office and related offences, particularly where institutional authority is allegedly used to exploit persons under an accused person’s authority or influence.
It also said it would continue to conduct its investigations and prosecutions in accordance with the law and due process, while respecting decisions of the courts and pursuing available legal avenues where further judicial clarification is considered necessary.