The Court of Appeal in Abuja, Nigeria, has upheld a two-year imprisonment sentence imposed on Cyril Osim Ndifon, former Dean of the Faculty of Law at the University of Calabar. Ndifon was convicted for soliciting pornographic, indecent, and obscene photographs from a female student. The appellate court's judgment, delivered on September 25, 2026, affirmed the Federal High Court's conviction of Ndifon on Count One of the charge, which was prosecuted under the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
The Federal High Court, presided over by Justice James Omotosho, had on November 17, 2025, convicted Ndifon and sentenced him to two years' imprisonment on the count, without an option of fine. The sentence was ordered to run concurrently with a five-year term imposed on him on a second count alleging conferment of undue advantage under the Corrupt Practices and Other Related Offences Act, 2000. However, the Court of Appeal reached a different conclusion on the second count, holding that the Federal High Court lacked jurisdiction to try the alleged offence under the ICPC Act.
The Court of Appeal's decision on the second count means that Ndifon will face a fresh trial before the High Court of Cross River State. The Independent Corrupt Practices and Other Related Offences Commission (ICPC) stated that it would take steps to challenge the jurisdictional ruling on the second count before the appropriate superior court. According to the commission, the appellate court's decision on the second count does not affect the affirmation of Ndifon's conviction and sentence on the first count.
The ICPC said the case arose from allegations concerning Ndifon's conduct towards female students while he was Dean of the Faculty of Law, University of Calabar. The commission's prosecution relied on electronic communications relating to the solicitation of the photographs from a female student. The ICPC reiterated its commitment to prosecuting corruption, abuse of office, and related offences, particularly where institutional authority is alleged to have been used to exploit persons under an accused person's authority or influence.
Ndifon had appealed against his conviction and sentence, but the Court of Appeal affirmed the trial court's decision on the first count after considering the evidence. The appellate court held that the Federal High Court had jurisdiction to try the cybercrime-related offence. The ICPC stated that it would continue to pursue available legal avenues while respecting the decisions of the courts.
The ICPC's statement on Friday confirmed that the conviction for the cybercrime-related offence remained sustained. The commission emphasized its commitment to fighting corruption and related offences, particularly in institutions of higher learning. The case has sparked concerns about the abuse of power and authority in Nigerian universities.
The Court of Appeal's judgment has brought to a close the first phase of Ndifon's trial, but the fresh trial on the second count is expected to continue. The ICPC's decision to challenge the jurisdictional ruling on the second count before a superior court means that the case is far from over. Ndifon's case has raised questions about the adequacy of laws and regulations governing the conduct of university administrators in Nigeria.
Key points
- - The Court of Appeal affirms Ndifon's two-year imprisonment sentence for soliciting indecent photos from a student. - The appellate court orders a fresh trial on the second count, alleging conferment of undue advantage. - The ICPC commits to challenging the jurisdictional ruling on the second count before a superior court.
