Appeal Court Upholds Ndifon's Two-Year Sentence Over Obscene Photo Solicitation, Orders Fresh Trial on Second Count

Appeal Court Upholds Ndifon's Two-Year Sentence Over Obscene Photo Solicitation, Orders Fresh Trial on Second Count

The Court of Appeal, Abuja Division, has affirmed the conviction and two-year jail term handed to Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar, over the solicitation of pornographic and obscene photographs from a female student.

In a judgment delivered on Thursday, September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, the appellate court upheld the earlier ruling of the Federal High Court, Abuja, which had convicted Ndifon on the first count of the charge and sentenced him to two years' imprisonment without an option of fine.

The Federal High Court, presided over by Justice James Omotosho, had found on November 17, 2025 that the prosecution proved beyond reasonable doubt that Ndifon, while serving as Dean, used his position to solicit indecent images from a female student through electronic communication. He was sentenced to two years on the first count and five years on a second, with both terms to run concurrently.

Dissatisfied, Ndifon approached the Court of Appeal to challenge both his conviction and sentence. The appellate court, however, found no reason to disturb the trial court's findings on the first count, which was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

Evidence at trial, including electronic communications between Ndifon and the student, was presented by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to establish that he exploited his authority as Dean to solicit the images.

On the second count, bordering on conferment of undue advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000, the appellate court took a different view, ruling that the Federal High Court lacked jurisdiction to try the offence. It directed that prosecution on that count be commenced afresh before the High Court of Cross River State.

The ICPC said it is preparing to challenge the jurisdictional ruling on the second count before a superior court, while stressing that the decision does not in any way affect the affirmed conviction on the first count.

In a statement, the Commission reaffirmed its commitment to prosecuting corruption and abuse of office, particularly in cases involving the exploitation of persons under an accused's institutional authority, and said it would continue to pursue available legal options as the matter progresses.