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 and two-year imprisonment of 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 decision of the Federal High Court, Abuja, which convicted Ndifon on Count One of the charge and sentenced him to two years’ imprisonment without an option of fine.

The offence was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

According to a statement issued by J. Okor Odey, Head, Media and Public Communications, Independent Corrupt Practices and Other Related Offences Commission (ICPC), the conviction followed evidence that Ndifon, while serving as Dean of the Faculty of Law, solicited pornographic, indecent and obscene photographs from a female student through electronic communication.

The Federal High Court, presided over by Justice James Omotosho, had, after a protracted trial, found the prosecution’s evidence sufficient to establish the offence beyond reasonable doubt.

The court convicted Ndifon on November 17, 2025, and sentenced him to two years’ imprisonment on Count One and five years on Count Two, with both sentences ordered to run concurrently and without an option of fine.

Dissatisfied with the judgment, Ndifon appealed to the Court of Appeal, challenging his conviction and sentence.

However, after considering the grounds of appeal, the appellate court affirmed the conviction and sentence in respect of Count One.

The ICPC said the prosecution had presented evidence relating to electronic communications between Ndifon and a female student, which formed part of the evidence relied upon by the trial court.

The Commission said the prosecution’s case was that Ndifon, by virtue of his position as Dean and the authority attached to the office, wielded significant influence over students of the Faculty.

On Count Two, which alleged the conferment of undue advantage contrary to 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 entertain the charge.

The appellate court consequently ordered that Ndifon be prosecuted afresh on the count 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, noting that the jurisdictional issue required further judicial determination.

The Commission stressed that the decision on Count Two did not affect the appellate court’s affirmation of the conviction on Count One.

It reaffirmed its commitment to prosecuting corruption, abuse of office and related offences, particularly cases involving the alleged use of institutional authority to exploit persons under an accused person’s influence.

The ICPC also said it would continue to conduct its investigations and prosecutions in accordance with the law and due process, while respecting judicial decisions and pursuing available legal avenues where further clarification is considered necessary.