Appeal Court affirms professor’s two-year jail term

The Court of Appeal in Abuja has affirmed the conviction of Cyril Ndifon, a professor of law and erstwhile dean of the Faculty of Law, University of Calabar (UniCal), for soliciting pornographic, indecent and obscene photographs from a female student.

The Court of Appeal, in its judgement delivered on 18 September in Appeal No. CA/ABJ/CR/1798/2025, upheld the judgement of the Federal High Court, Abuja, which convicted Mr Ndifon on Count One of the charge and sentenced him to two years’ imprisonment without an option of fine, according to a press statement issued on Friday by the anti-corruption agency, ICPC.

The conviction arose from evidence before the trial court that the professor, while serving as dean of the Faculty of Law, UniCal, 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.

Following a protracted trial, the Federal High Court, presided over by Justice James Omotosho, found the prosecution’s evidence sufficient to establish the offence against the former dean beyond a reasonable doubt.

The trial court subsequently convicted Mr Ndifon on 17 November 2025 and sentenced him to two years’ imprisonment on Count One and five years’ imprisonment on Count Two, without the option of a fine. The sentences were ordered to run concurrently.

Mr Ndifon, dissatisfied with the judgement, appealed to the Court of Appeal, challenging his conviction and sentence.

The higher court, having considered the grounds of appeal, affirmed the conviction and sentence in respect of Count One.

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

Background

The case arose from allegations concerning Mr Ndifon’s conduct towards female students while he was dean of the Faculty of Law at UniCal.

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 Mr 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 a 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 Mr 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 Mr Ndifon on that count before the High Court of Cross River State.

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

The Commission reiterates its commitment to the prosecution of corruption, abuse of office and other related offences, particularly where public or institutional authority is allegedly used to exploit persons under the authority or influence of an accused person.

READ ALSO: I want to be remembered for fighting sexual harassment – UniCal VC

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.