The Court of Appeal, Abuja Division, has upheld the conviction and two-year prison sentence imposed on Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar, over the solicitation of pornographic, indecent and obscene photographs from a female student.
The appellate court delivered its judgment on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, affirming the decision of the Federal High Court, Abuja, on Count One of the charge.
The development was contained in a statement issued by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which prosecuted the case.
Ndifon was convicted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015, after the Federal High Court found that the prosecution had established the offence beyond reasonable doubt.
Justice James Omotosho of the Federal High Court had convicted the former Dean on November 17, 2025, sentencing him to two years’ imprisonment on Count One and five years on Count Two, without an option of fine. The sentences were ordered to run concurrently.
Ndifon subsequently appealed the judgment, challenging his conviction and sentence.
In its ruling, the Court of Appeal affirmed both the conviction and the two-year custodial sentence imposed in respect of Count One.
The case arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law at the University of Calabar. During the trial, the ICPC presented evidence relating to electronic communications between Ndifon and a female student.
The prosecution alleged that Ndifon, by virtue of his position as Dean, exercised significant authority and influence over students and that Count One specifically concerned his solicitation of pornographic, indecent and obscene photographs from a student.
The Federal High Court considered the testimony of prosecution witnesses and the electronic evidence tendered during the trial before concluding that the ingredients of the offence under the Cybercrime Act had been established beyond reasonable doubt.
The Court of Appeal has now affirmed that finding, meaning that the conviction and two-year sentence on Count One remain in force.
However, the appellate court reached a different conclusion regarding Count Two, which alleged the conferment of an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The Court of Appeal held that the Federal High Court lacked jurisdiction to determine the offence under the ICPC Act and ordered that Ndifon be prosecuted afresh on the count before the High Court of Cross River State.
The ICPC said it is taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court.
The Commission stressed that the decision concerning Count Two does not affect the appellate court’s affirmation of the conviction on Count One.
It said the conviction for soliciting pornographic, indecent and obscene photographs from a student remains affirmed.
The ICPC said it remained committed to prosecuting corruption, abuse of office and related offences, particularly cases involving the alleged misuse of institutional authority.
It also reaffirmed its commitment to conducting investigations and prosecutions in accordance with the law and due process, adding that it respected the decisions of the courts and would pursue available legal avenues where further judicial clarification was considered necessary.
The Commission said it would provide further updates as the legal proceedings continue.
The Court of Appeal decision therefore leaves the two-year conviction on the cybercrime count intact, while Count Two is to undergo a fresh trial before the appropriate court, subject to any further appeal on the jurisdictional issue.
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