The Court of Appeal in Abuja has affirmed the conviction and two-year custodial sentence imposed on former University of Calabar Faculty of Law Dean, Professor Cyril Osim Ndifon, for soliciting pornographic, indecent and obscene photographs from a female student.
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The appellate court, however, held that the Federal High Court lacked jurisdiction to try the second charge against Ndifon under the Corrupt Practices and Other Related Offences Act and directed the Independent Corrupt Practices and Other Related Offences Commission to commence fresh prosecution on that count before the High Court of Cross River State.
The ICPC disclosed the development in a statement issued on Friday by its Head of Media and Public Communications, J. Okor Odey.
According to the commission, the judgment was delivered in Appeal No. CA/ABJ/CR/1798/2025, arising from Ndifon’s appeal against his conviction and sentencing by Justice James Omotosho of the Federal High Court in Abuja.
Ndifon was convicted on November 17, 2025, after a protracted trial in which the ICPC presented oral and electronic evidence relating to communications between the former law dean and a female student.
The prosecution maintained that Ndifon, while serving as Dean of the Faculty of Law at the University of Calabar, used electronic communication to solicit pornographic, indecent and obscene photographs from the student.
The first count was prosecuted under Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015.
Justice Omotosho held that the prosecution established the offence beyond reasonable doubt and sentenced Ndifon to two years’ imprisonment without an option of fine.
The trial court also convicted him on a second count of conferring an undue advantage, contrary to Section 19 of the Corrupt Practices and Other Related Offences Act 2000, and imposed a five-year prison sentence without an option of fine.
Both sentences were ordered to run concurrently, meaning Ndifon was to serve an effective five-year prison term.
Ndifon subsequently approached the Court of Appeal, challenging his conviction and sentence.
After considering the grounds of appeal and the evidence presented at the trial, the Court of Appeal upheld his conviction and two-year sentence on the cybercrime-related count.
The appellate court agreed with the Federal High Court that the prosecution proved the allegation of soliciting pornographic, indecent and obscene photographs from the student.
The court reached a different conclusion on the second count, holding that the Federal High Court did not possess the jurisdiction to try the alleged offence under the ICPC Act.
It consequently directed the commission to commence prosecution of Ndifon on that charge before the High Court of Cross River State.
The appellate decision does not amount to an acquittal on the second count. Rather, it invalidates the earlier trial and conviction on jurisdictional grounds and allows the ICPC to institute fresh proceedings before the court which the Court of Appeal considered competent to hear the charge.
The ICPC, however, said it was taking steps to challenge the jurisdictional aspect of the judgment before the Supreme Court.
According to Odey, the commission considers the question of whether the Federal High Court could entertain the second charge to be one requiring further judicial clarification.
“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,” the statement said.
The ICPC reiterated its commitment to prosecuting alleged corruption, abuse of office and related offences, especially in circumstances where public or institutional authority is used to exploit persons under the influence or control of an accused person.
The commission also said it would continue to conduct its investigations and prosecutions in accordance with the law and due process.
It added that while it respected the decisions of the courts, it would continue to use available legal procedures whenever further judicial interpretation was required.
The case originated from allegations concerning Ndifon’s conduct towards female students while he served as Dean of the Faculty of Law at the University of Calabar.
During the trial, the prosecution relied on testimony from witnesses and electronic communications allegedly exchanged between Ndifon and the student.
The trial court found the evidence sufficient to establish the first offence beyond reasonable doubt, a finding the Court of Appeal has now affirmed.
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