Appeal Court Upholds Ndifon’s Two-Year Jail Term, Orders Fresh Trial on Second Count
By Chizoba Njaka
The Court of Appeal, Abuja Division, has upheld the conviction and two-year imprisonment of 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.
In a press release signed by the Head, Media and Public Communications of the ICPC, Okor Odey, the Commission said the appellate court, in its judgment delivered on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, upheld the Federal High Court, Abuja’s conviction of Ndifon on Count One and affirmed his two-year prison sentence without an option of fine.
The conviction followed evidence presented by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) that Ndifon, while serving as Dean, solicited the photographs from a female student through electronic communication. The offence was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
Justice James Omotosho of the Federal High Court had, after a protracted trial, found the prosecution’s evidence sufficient to establish the offence beyond reasonable doubt. Ndifon was convicted on November 17, 2025, and sentenced to two years on Count One and five years on Count Two, with the sentences ordered to run concurrently.
Dissatisfied with the judgment, the former Dean appealed, challenging both his conviction and sentence. After considering the grounds of appeal, the Court of Appeal affirmed the conviction and sentence on Count One, thereby sustaining the two-year custodial term.
The case arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law. During the trial, the ICPC tendered evidence, including electronic communications between Ndifon and a female student, which formed part of the prosecution’s case.
However, the Court of Appeal reached a different conclusion on Count Two, which alleged the conferment of undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000. The court held that the Federal High Court lacked jurisdiction to hear the charge and ordered that Ndifon be prosecuted on the count before the High Court of Cross River State.
The ICPC said it was taking steps to challenge the decision on Count Two before the appropriate superior court, stressing that the jurisdictional issue requires further judicial determination. The Commission emphasised that the decision on the second count does not affect the appellate court’s affirmation of Ndifon’s conviction on Count One.
The ICPC reiterated its commitment to prosecuting corruption, abuse of office and related offences, particularly cases involving the alleged misuse of institutional authority to exploit persons under an accused person’s influence. It also reaffirmed its adherence to due process and said it would continue to pursue available legal avenues while respecting judicial decisions and provide further updates as the matter progresses.
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