By Emma Peter, Abuja
The Court of Appeal, Abuja Division, has affirmed the conviction and two-year imprisonment imposed on Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar, over the solicitation of pornographic, indecent and obscene photographs from a female student.
The appellate court, in its judgment in Appeal No. CA/ABJ/CR/1798/2025, upheld the decision of the Federal High Court, Abuja, which convicted Ndifon on Count One of the charge under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
According to a statement made available to journalists in Abuja on Friday by the Head of Media and Public Communications of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), J. Okor Odey, the Court of Appeal affirmed the two-year custodial sentence imposed on the former dean without an option of fine.
The statement said the conviction followed evidence presented during the trial concerning electronic communications between Ndifon and a female student, including an allegation that he solicited pornographic, indecent and obscene photographs from her while serving as Dean of the Faculty of Law.
The Federal High Court, presided over by Justice James Omotosho, had on November 17, 2025, convicted Ndifon on the two counts brought against him and sentenced him to two years’ imprisonment on Count One and five years on Count Two, with the sentences ordered to run concurrently.
Dissatisfied with the judgment, Ndifon appealed to the Court of Appeal, challenging both his conviction and sentence.
After considering the grounds of appeal, the appellate court affirmed the conviction and sentence in respect of Count One, thereby sustaining the two-year custodial term imposed over the cybercrime-related offence.
The ICPC said the trial court had relied on the testimony of prosecution witnesses and electronic evidence tendered during the proceedings before concluding that the ingredients of the offence charged under the Cybercrime Act had been established beyond reasonable doubt.
However, the Court of Appeal reached a different conclusion on Count Two, which involved an allegation of 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 the prosecution of Ndifon on the second count should commence afresh before the High Court of Cross River State.
The ICPC said it was taking steps to challenge the decision on the jurisdictional issue before the appropriate superior court, maintaining that the question raised by the judgment on Count Two requires further judicial determination.
The Commission emphasised that the Court of Appeal’s decision on Count Two does not affect the conviction on Count One, which remains affirmed by the appellate court.
The Commission said the case originated from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law, University of Calabar, adding that electronic communications between the former dean and a female student formed part of the evidence presented by the prosecution.
It further maintained that its investigation and prosecution of the matter had been conducted within the provisions of the law and in accordance with due process.
The ICPC said it respects the decisions of the courts and would continue to utilise available legal avenues where it considers further judicial clarification necessary.
The Commission also said it would provide further updates on the matter as the legal process progresses.
