The Court of Appeal has upheld the conviction and two-year jail sentence of Prof. Cyril Osim Ndifon, the former Dean of the Faculty of Law, University of Calabar, for soliciting pornographic, indecent, and obscene photographs from a female student. The Abuja Division of the Court of Appeal delivered its judgment in Appeal No. CA/ABJ/CR/1798/2025, affirming the Federal High Court's conviction of Professor Ndifon on one count charge.
According to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the conviction arose from evidence that Professor Ndifon, while serving as Dean, solicited pornographic, indecent, and obscene photographs from a female student through electronic communication. The offence was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
The Federal High Court, presided over by Justice James Omotosho, found the prosecution's evidence sufficient to establish the offence against Professor Ndifon beyond reasonable doubt. On November 17, 2025, the trial court convicted Professor Ndifon and sentenced him to two years' imprisonment on Count One and five years on Count Two, with the sentences to run concurrently.
Professor Ndifon appealed the judgment, challenging his conviction and sentence. The Court of Appeal considered the grounds of appeal and affirmed the conviction and sentence in respect of Count One. The ICPC noted that this affirmation means the conviction on the cybercrime-related offence has been sustained.
The case originated from allegations concerning Professor Ndifon's conduct towards female students while he was Dean of the Faculty of Law, University of Calabar. The ICPC presented evidence relating to communications between Professor Ndifon and a female student, including electronic communications that formed part of the prosecution's evidence.
With respect to Count Two, which concerned the allegation of conferment of an undue advantage, the Court of Appeal held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act. The appellate court ordered the ICPC to commence prosecution of Professor Ndifon on this count before the High Court of Cross River State.
The ICPC is taking steps to challenge this aspect of the judgment before a superior court, considering the jurisdictional question to be a matter requiring further judicial determination. The Commission reiterated its commitment to prosecuting corruption, abuse of office, and related offences, particularly where public or institutional authority is allegedly used to exploit persons under the authority or influence of an accused person.
Key points
- The Court of Appeal has affirmed a two-year jail sentence for Prof. Cyril Osim Ndifon for soliciting pornographic photos from a female student.
- The conviction was under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
- The ICPC is challenging the Court of Appeal's decision on Count Two, which concerns the allegation of conferment of an undue advantage.
