Appeal Court Sustains Ndifon’s Conviction for Soliciting Obscene Photos

The Court of Appeal, Abuja Division, has affirmed the conviction and two-year prison sentence imposed on Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar (UNICAL), for soliciting pornographic, indecent and obscene photographs from a female student.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), in a statement issued on Friday, said the appellate court delivered its judgment on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025.
The court upheld the judgment of the Federal High Court, Abuja, which convicted Ndifon on Count One of the charge 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.
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.
The trial court convicted Ndifon on November 17, 2025, and sentenced him to two years’ imprisonment on Count One and five years on Count Two. The sentences were ordered to run concurrently and without an option of fine.
Dissatisfied with the judgment, Ndifon appealed to the Court of Appeal, challenging both his conviction and sentence.
However, after considering the grounds of appeal, the appellate court affirmed the conviction and sentence on Count One.
The ICPC said the appellate court’s decision means that Ndifon’s conviction for the cybercrime-related offence involving the solicitation of pornographic, indecent and obscene photographs has been sustained.
The case originated 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 had argued that Ndifon, by virtue of his position as Dean and the authority attached to the office, was in a position to exercise significant influence over students of the faculty.
However, the Court of Appeal reached a different conclusion regarding Count Two, which alleged the conferment of an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and ordered that Ndifon be prosecuted on the count before the High Court of Cross River State.
The ICPC said it is taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court.
According to the Commission, the decision on Count Two does not affect the appellate court’s affirmation of the conviction on Count One.
The Commission reiterated its commitment to prosecuting 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.
It also reaffirmed its commitment to conducting investigations and prosecutions in accordance with the law and due process.
The ICPC said it respects the decisions of the courts and would continue to utilise available legal avenues where further judicial clarification is considered necessary.
The Commission added that it would provide further updates as the legal process progresses.