Appeal Court Upholds Ndifon’s Two-Year Jail Term, Orders Fresh Trial on Second Count
By Pan Afric Reporters
The Court of Appeal, Abuja Division, has affirmed the conviction and two-year imprisonment of Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar, over the solicitation of pornographic, indecent and obscene photographs from a female student.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) disclosed this in a statement issued by its Head, Media and Public Communications, J. Okor Odey, on Friday, September 25, 2026, following the appellate court’s judgment delivered on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025.
The Court of Appeal upheld the Federal High Court, Abuja’s conviction of Ndifon on Count One, which was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
The trial court, presided over by Justice James Omotosho, had convicted the former Dean on November 17, 2025, after finding that the prosecution had established the offence beyond reasonable doubt.
Ndifon was sentenced to two years’ imprisonment on Count One and five years on Count Two, with both sentences ordered to run concurrently and without an option of fine.
The ICPC said the conviction on Count One arose from evidence presented before the trial court concerning electronic communications between Ndifon and a female student, including allegations that he solicited pornographic, indecent and obscene photographs from her while serving as Dean.
Following the conviction, Ndifon appealed the decision, challenging both his conviction and sentence. The appellate court, after considering the grounds of appeal, affirmed the conviction and two-year custodial sentence on Count One.
The Commission said the decision means that Ndifon’s conviction for the cybercrime-related offence has now been sustained by the appellate court.
However, the Court of Appeal reached a different conclusion regarding Count Two, which concerned an allegation of conferment of undue advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
According to the ICPC, the appellate court held that the Federal High Court lacked jurisdiction to entertain the offence under the ICPC Act and consequently ordered that Ndifon be prosecuted on the count before the High Court of Cross River State.
The Commission said it was already taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court, stressing that it considers the issue to require further judicial determination.
The ICPC emphasised that the appellate court’s decision on Count Two does not affect the conviction on Count One, which remains affirmed.
“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 ICPC said, adding that the conviction and two-year custodial sentence for the cybercrime offence remain sustained.
The Commission said the case originated from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law, University of Calabar, with the prosecution presenting evidence relating to communications between the former Dean and a female student.
The ICPC further said the trial court had examined the testimony of prosecution witnesses and electronic evidence tendered during the proceedings before concluding that the ingredients of the offence under the Cybercrime Act had been established beyond reasonable doubt.
Reaffirming its institutional position, the Commission said it remained committed to prosecuting corruption, abuse of office and related offences, particularly where institutional authority is allegedly used to exploit persons under the authority or influence of an accused person.
The ICPC also said it would continue to conduct investigations and prosecutions in accordance with the law and due process, while respecting judicial decisions and utilising available legal avenues where further judicial clarification is considered necessary.
The Commission said it would provide further updates on the case as the legal process progresses.
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