By Julius Peter, Abuja
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 (UNICAL), for soliciting pornographic, indecent and obscene photographs from a female student.
The appellate court, in its judgment delivered on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, upheld the decision of the Federal High Court, Abuja, which found Ndifon guilty on Count One of the charge.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), in a statement issued on Friday by its Head of Media and Public Communications, J. Okor Odey, said the Court of Appeal affirmed the two-year custodial sentence imposed on the former law dean without an option of fine.
The conviction relates specifically to an offence prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
The case arose from allegations concerning Professor Ndifon’s conduct towards female students during his tenure as Dean of the Faculty of Law, University of Calabar.
According to the ICPC, evidence presented during the trial showed that Ndifon solicited pornographic, indecent and obscene photographs from a female student through electronic communication.
The prosecution also presented electronic communications between the former dean and the student as part of the evidence relied upon to establish the charge.
The matter was prosecuted before the Federal High Court, Abuja, presided over by Justice James Omotosho.
Following a protracted trial, the court considered the testimony of prosecution witnesses and electronic evidence tendered before it and found that the prosecution had established the ingredients of the offence in Count One beyond reasonable doubt.
The Federal High Court subsequently convicted Ndifon on November 17, 2025.
The court 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 both his conviction and sentence.
However, after considering the grounds of appeal and the evidence relating to Count One, the appellate court affirmed the conviction and sentence.
The decision means that the conviction for the cybercrime-related offence contained in Count One has been sustained by the appellate court.
The Court of Appeal, however, reached a different conclusion concerning Count Two of the charge.
Count Two related to an allegation of conferment of an undue advantage, contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
On this count, the appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act.
The court consequently ordered that Professor Ndifon be prosecuted on the count before the High Court of Cross River State.
The ICPC said it was already taking steps to challenge this aspect of the judgment before the appropriate superior court.
The Commission maintained that the jurisdictional question surrounding Count Two requires further judicial determination.
It stressed that the appellate court’s decision regarding Count Two does not affect the conviction on Count One, which it said remains affirmed.
The ICPC said electronic communications between Ndifon and the female student formed part of the evidence presented during the trial.
The prosecution’s case was that Ndifon’s position as Dean of the Faculty of Law placed him in a position of authority and influence over students in the faculty.
The allegation contained in Count One specifically concerned the solicitation of pornographic, indecent and obscene photographs from a female student.
The trial court examined the evidence presented by the prosecution, including witness testimony and electronic materials, before determining that the prosecution had proved the offence beyond reasonable doubt.
The Court of Appeal has now affirmed that finding and the corresponding two-year custodial sentence.
Reacting to the judgment, the ICPC reiterated its commitment to prosecuting corruption, abuse of office and other related offences, particularly where institutional or public authority is allegedly used to exploit persons under the authority or influence of an accused person.
The Commission also reaffirmed that its investigations and prosecutions would continue to be conducted within the provisions of the law and in accordance with due process.
According to the anti-corruption agency, it respects decisions of the courts and will continue to utilise available legal avenues where it considers further judicial clarification necessary.
The Commission said it would provide additional updates on the matter as the legal process progresses.
The latest ruling therefore leaves the two-year conviction on Count One intact, while the legal proceedings concerning Count Two are set to continue following the Court of Appeal’s jurisdictional ruling and the ICPC’s stated intention to seek further judicial determination.
