The Court of Appeal has affirmed the two-year prison sentence imposed on Prof. Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar, for soliciting pornographic, indecent and obscene photographs from a female student.
J. Okor Odey, Head of Media and Public Communications at the Independent Corrupt Practices and Other Related Offences Commission (ICPC), disclosed this in a statement issued on Friday, September 25.
According to the statement, the Abuja Division of the Court of Appeal, in its judgment in Appeal No. CA/ABJ/CR/1798/2025, upheld the decision of the Federal High Court, Abuja, which convicted Ndifon on Count One and sentenced him to two years’ imprisonment without an option of fine.
The conviction followed evidence presented before the trial court that 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.
After a protracted trial, the Federal High Court, presided over by Justice James Omotosho, held that the prosecution had established the offence beyond reasonable doubt.
The court convicted Ndifon on November 17, 2025, and sentenced him to two years’ imprisonment on Count One and five years on Count Two, both without an option of fine. The sentences were ordered to run concurrently.
Dissatisfied with the judgment, Ndifon appealed to the Court of Appeal, challenging both his conviction and sentence.
After considering the grounds of appeal, the appellate court affirmed the conviction and sentence on Count One.
The ICPC said the decision means that Ndifon’s conviction for the cybercrime-related offence in Count One has now been upheld by the appellate court.
The case arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law, University of Calabar.
During the trial, the ICPC presented evidence relating to communications between Ndifon and a female student, including electronic communications relied upon by the prosecution.
The prosecution argued that, as Dean, Ndifon occupied a position of authority that gave him significant influence over students in the faculty.
Count One specifically concerned the alleged solicitation of pornographic, indecent and obscene photographs from a student.
In assessing the evidence, the Federal High Court considered the testimony of prosecution witnesses as well as the electronic evidence tendered before it. The court subsequently found that the elements of the offence under the Cybercrime Act had been established beyond reasonable doubt.
The Court of Appeal has now affirmed that finding in respect of Count One, thereby sustaining Ndifon’s conviction and the two-year custodial sentence imposed for the offence.
Count Two
On Count Two, which involved an allegation of conferring an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the Court of Appeal reached a different conclusion on jurisdiction.
The appellate court held that the Federal High Court lacked jurisdiction to hear the charge under the ICPC Act and consequently directed that Ndifon be prosecuted on the count before the High Court of Cross River State.
Odey, however, said the ICPC is taking steps to challenge this aspect of the judgment before the appropriate superior court.
According to him, the commission considers the jurisdictional issue arising from Count Two to require further judicial determination.
“The Commission wishes to emphasise that the appellate court’s decision on Count Two does not affect its affirmation of the conviction on Count One. The conviction for soliciting pornographic, indecent and obscene photographs from a student remains affirmed by the Court of Appeal,” Odey said.
He added that the ICPC remains committed to prosecuting corruption, abuse of office and related offences, particularly in cases involving alleged misuse of public or institutional authority.
“The ICPC also reaffirms its commitment to conducting its 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 the available legal avenues where it considers further judicial clarification necessary.
“The Commission will provide further updates on the matter as the legal process progresses,” Odey said.
