Appeal Court Affirms Ndifon’s Jail Term, Orders Fresh Trial on Second Count

By Modupe Gbadeyanka

The two-year sentence of the erstwhile Dean of the Faculty of Law of the University of Calabar, Professor Cyril Osim Ndifon, by a Federal High Court sitting in Abuja has been affirmed by the Abuja Division of the Court of Appeal.

The don was convicted by the lower court for soliciting pornographic, indecent and obscene photographs from a female student.

He was convicted and sentenced in November 2025 on Count One of the charges without the option of a fine after it was proved beyond reasonable doubt that he solicited pornographic, indecent and obscene photographs from a female student through electronic communication.

The offence in Count One was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

But he challenged the judgment at the appellate court, which considered the grounds of appeal and affirmed the conviction and sentence in respect of Count One via Appeal No. CA/ABJ/CR/1798/2025.

The affirmation by the Court of Appeal means that the conviction of Professor Ndifon on the cybercrime-related offence contained in Count One has now been sustained by the appellate court.

During the trial, the ICPC presented evidence relating to communications between the appellant and a female student, including electronic communications which formed part of the evidence relied upon by the prosecution.

The prosecution’s case was that Professor Ndifon, by virtue of his position as Dean and the authority attached to that office, was in a position to exercise significant influence over students of the faculty.

The allegation in Count One specifically concerned the solicitation of pornographic, indecent and obscene photographs from a student.

In its consideration of the evidence, the Federal High Court examined the testimony of prosecution witnesses as well as the electronic evidence tendered before it. The court ultimately held that the ingredients of the offence charged 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 the conviction and the two-year custodial sentence imposed on Professor Ndifon for the offence.

With respect to 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 Court of Appeal took a different position on jurisdiction.

The appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and consequently ordered the Respondent to commence prosecution of Professor Ndifon on the count before the High Court of Cross River State.

The ICPC is currently taking steps to challenge this aspect of the judgment before the appropriate superior court. The Commission considers the jurisdictional question arising from Count Two to be a matter requiring further judicial determination.

It noted that the appellate court’s decision on Count Two does not affect its affirmation of the conviction on Count One.