Special Report
By Chukwudi George Ozalla
The Court of Appeal, Abuja Division, has upheld the conviction and two-year imprisonment imposed on Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar (UNICAL), for soliciting pornographic, indecent and obscene photographs from a female student.
In its judgment in Appeal No. CA/ABJ/CR/1798/2025, the appellate court affirmed the judgment of the Federal High Court, Abuja, on Count One of the charge, which was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
The Federal High Court, presided over by Justice James Omotosho, had on November 17, 2025, convicted Ndifon after a trial in which the prosecution presented witness testimony and electronic evidence relating to communications between the former dean and a female student.
The trial court sentenced him to two years’ imprisonment on Count One without an option of fine. It also convicted him on a second count alleging that he conferred an undue advantage on himself contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, and imposed a five-year prison term on that count. The sentences were ordered to run concurrently.
Ndifon appealed the judgment, challenging his conviction and sentence. But the Court of Appeal, after considering the grounds of appeal, upheld the conviction and two-year custodial sentence on Count One, leaving the finding of guilt on the cybercrime-related offence intact.
The case concerned electronic communications in which Ndifon was alleged to have solicited pornographic, indecent and obscene photographs from a female student while serving as Dean of the Faculty of Law. The prosecution had alleged that he used his position and the authority attached to his office in his dealings with students.
The appellate court, however, reached a different conclusion on Count Two. It held that the Federal High Court lacked jurisdiction to entertain the charge under the ICPC Act and directed that Ndifon be prosecuted afresh on that count before the High Court of Cross River State.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), which prosecuted the case, has indicated that it is taking steps to challenge the decision on the second count before the appropriate superior court.
The commission’s position does not affect the Court of Appeal’s affirmation of the conviction and two-year sentence on Count One, which relates specifically to the solicitation of pornographic, indecent and obscene photographs from a female student.
The matter dates back to 2023, when allegations of sexual misconduct, sexual harassment, abuse of office and other offences were made against Ndifon, who was then Dean of the Faculty of Law at the University of Calabar. The ICPC said its investigation followed a petition concerning his conduct towards female students and admission seekers and subsequently filed charges against him before the Federal High Court in Abuja.
The allegations included claims that Ndifon solicited nude photographs and videos from female students through WhatsApp and sought sexual favours in circumstances connected with admission and academic matters. He was arrested in Calabar by the ICPC and the Department of State Services in October 2023 after the commission said he had failed to honour invitations extended to him during its investigation.
During the trial, the prosecution called witnesses and tendered electronic and forensic evidence obtained from mobile devices. An ICPC investigator testified on the petition and investigation, while a female witness, identified in court by her initials to protect her identity, gave evidence concerning the allegations against Ndifon. An ICPC forensic analyst also testified on electronic evidence recovered and examined during the investigation.
Ndifon pleaded not guilty and contested the allegations before the Federal High Court, which eventually delivered judgment on November 17, 2025, convicting him on the two counts that proceeded to judgment and imposing concurrent prison terms.
With the latest decision of the Court of Appeal, the two-year conviction on the cybercrime count has been affirmed, while the second count has been sent for fresh trial before the appropriate High Court in Cross River State.
