The Court of Appeal in Abuja, Nigeria, has upheld the conviction of Professor Cyril Ndifon, a former dean of the Faculty of Law at the University of Calabar, for soliciting pornographic, indecent, and obscene photographs from a female student. The appeal court's judgement, delivered on September 18, affirmed the Federal High Court's decision to sentence Ndifon to two years' imprisonment without an option of fine. This conviction was based on evidence that Ndifon, while serving as dean, solicited indecent photos from a student through electronic communication.
The Federal High Court, presided over by Justice James Omotosho, found Ndifon guilty of the offence under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015. The court convicted Ndifon on November 17, 2025, and sentenced him to two years' imprisonment on Count One and five years' imprisonment on Count Two, with the sentences to run concurrently. Ndifon appealed the judgement, 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 case against Ndifon arose from allegations of misconduct towards female students during his tenure as dean of the Faculty of Law at the University of Calabar. The Independent Corrupt Practices and Other Related Offences Commission (ICPC) presented evidence of communications between Ndifon and a female student, including electronic communications that formed part of the prosecution's evidence. The ICPC alleged that Ndifon, as dean, was in a position to exercise significant influence over students and used this influence to solicit indecent photos from a student.
The Federal High Court examined the testimony of prosecution witnesses and electronic evidence tendered before it, ultimately holding that the ingredients of the offence charged under the Cybercrime Act had been established beyond a reasonable doubt. The Court of Appeal has now affirmed this finding, sustaining the conviction and two-year custodial sentence imposed on Ndifon for the offence. The affirmation by the Court of Appeal means that Ndifon's conviction on the cybercrime-related offence has been upheld.
However, the Court of Appeal took a different position on jurisdiction regarding 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 appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and ordered the ICPC to commence prosecution of Ndifon on that count before the High Court of Cross River State.
The ICPC is currently taking steps to challenge this aspect of the judgement before the appropriate superior court, considering the jurisdictional question arising from Count Two a matter requiring further judicial determination. 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.
The ICPC reaffirms its commitment to conducting investigations and prosecutions strictly within the provisions of the law and in accordance with due process. The Commission respects the decisions of the courts and will continue to utilise available legal avenues where it considers further judicial clarification necessary. The Commission will provide further updates on the matter as the legal process progresses.
Key points
- The Court of Appeal in Abuja upheld the conviction of Professor Cyril Ndifon for soliciting indecent photos from a student.
- Ndifon was sentenced to two years' imprisonment without an option of fine for the offence under the Cybercrime Act.
- The ICPC is challenging the Court of Appeal's decision on jurisdiction regarding Count Two of the charge.
