The Abuja Division of the Court of Appeal has affirmed the conviction of Professor Cyril Ndifon, the former Dean of the Faculty of Law, University of Calabar, for soliciting pornographic, indecent and obscene photographs from a female student. The appellate court's judgment was delivered on Thursday in Appeal No. CA/ABJ/CR/1798/2025, upholding the Federal High Court, Abuja's conviction of Ndifon on Count One of the charge and sentencing him to two years' imprisonment without an option of fine.
The conviction arose from evidence that Ndifon, while serving as Dean of the Faculty of Law, University of Calabar, solicited pornographic, indecent and obscene photographs from a female student through electronic communication. The offence in Count One was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015. The trial court found the prosecution established the defendant's guilt beyond reasonable doubt and convicted him on November 17, 2025.
The Federal High Court, presided over by Justice James Omotosho, sentenced Ndifon to two years' imprisonment on Count One and five years on Count Two, with the sentences to run concurrently. However, the Court of Appeal took a different position on jurisdiction regarding Count Two, which alleged that Ndifon conferred an undue advantage on himself, 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 ordered the respondent to commence prosecution of Ndifon on the count before the High Court of Cross River State. The Independent Corrupt Practices and Other Related Offences Commission (ICPC) spokesman, Okor Odey, confirmed the Court of Appeal's verdict in a Friday statement.
The ICPC is currently taking steps to challenge the aspect of the judgment regarding Count Two before the appropriate superior court. The commission emphasized that the appellate court's decision on Count Two does not affect its affirmation of the conviction on Count One, which remains affirmed by the Court of Appeal. The ICPC reiterated its commitment to prosecuting corruption, abuse of office and other related offences.
The ICPC spokesman stated that the commission respects the decisions of the courts and will continue to utilize available legal avenues where it considers further judicial clarification necessary. The commission will provide further updates on the matter as they emerge. Ndifon's conviction and sentence were upheld on September 26, 2024.
The affirmation of Ndifon's conviction has been welcomed by some anti-corruption groups, including CISLAC, which praised the ICPC's conviction of the former UNICAL dean and urged President Tinubu to sign the anti-sexual harassment bill. The ICPC's commitment to conducting investigations and prosecutions within the law and due process has been reaffirmed.
Key points
- The Court of Appeal upheld the conviction of Professor Cyril Ndifon for soliciting indecent photos from a student.
- The appellate court ordered a fresh trial on the second count of the charge due to jurisdictional issues.
- The ICPC is taking steps to challenge the aspect of the judgment regarding Count Two before a superior court.
