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 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 the conviction of Professor Ndifon on the cybercrime-related offence contained in Count One has now been sustained by the appellate court. The case originated from allegations concerning the conduct of Professor Ndifon towards female students while he was Dean of the Faculty of Law, University of Calabar. The ICPC presented evidence relating to communications between the appellant 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 as well as the electronic evidence tendered before it and ultimately held 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, considering the jurisdictional question arising from Count Two to be a matter requiring further judicial determination. The Court of Appeal's affirmation of Professor Ndifon's conviction on Count One has significant implications for the fight against sexual harassment in Nigerian institutions.
Key points
- The Court of Appeal has upheld the two-year jail term of Professor Cyril Osim Ndifon for soliciting indecent photographs from a female student.
- The conviction was based on evidence of electronic communications between Professor Ndifon and the female student.
- The ICPC is challenging the Court of Appeal's decision on jurisdiction regarding Count Two of the charges.
