The Court of Appeal, Abuja Division, has upheld the conviction of Professor 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 appellate court delivered its judgment in Appeal No. CA/ABJ/CR/1798/2025, affirming the Federal High Court, Abuja's judgment that convicted Professor Ndifon and sentenced him to two years' imprisonment without an option of a fine.
The conviction arose from evidence that Professor 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 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 the former Dean beyond reasonable doubt.
The trial court convicted Professor Ndifon on November 17, 2025, and sentenced him to two years' imprisonment on Count One and five years on Count Two, with the sentences to run concurrently. However, Professor Ndifon appealed to the Court of Appeal, challenging his conviction and sentence. The appellate court considered the grounds of appeal and affirmed the conviction and sentence in respect of Count One.
The affirmation by the Court of Appeal means that Professor Ndifon's conviction on the cybercrime-related offence contained in Count One 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 evidence relied upon by the prosecution.
The prosecution's case was that Professor Ndifon, by virtue of his position as Dean and the authority attached to that office, was in a position to exercise significant influence over students of the Faculty. The allegation in Count One specifically concerned the solicitation of pornographic, indecent, and obscene photographs from a student. The Federal High Court examined the testimony of prosecution witnesses and the electronic evidence tendered before it, ultimately holding that the ingredients of the offence charged under the Cybercrime Act had been established beyond reasonable doubt.
With respect to Count Two, which concerned the allegation of conferment of an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the Court of Appeal took a different position on jurisdiction. 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 Professor Ndifon on the count before the High Court of Cross River State.
The ICPC is currently taking steps to challenge this aspect of the judgment before the appropriate superior court, emphasizing that the appellate court's decision on Count Two does not affect its affirmation of the conviction on Count One. The Commission reiterates its commitment to the prosecution of corruption, abuse of office, and other 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 the conviction of Professor Cyril Osim Ndifon for soliciting indecent photographs from a female student.
- The conviction was for an offence under the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
- The ICPC is taking steps to challenge the Court of Appeal's decision on Count Two regarding jurisdiction.
