The Court of Appeal, Abuja Division, has affirmed the two-year jail term imposed on Professor Cyril Osim Ndifon, former Dean of the Faculty of Law, University of Calabar (UNICAL), for soliciting pornographic photographs from a female student.
In its judgment delivered in Appeal No. CA/ABJ/CR/1798/2025, the appellate court upheld the decision of the Federal High Court, Abuja, which had convicted Ndifon on Count One of the charge bordering on solicitation of indecent and obscene photographs.
The trial court had sentenced him to two years’ imprisonment without an option of fine.
The conviction arose from evidence before the trial court that Professor 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 in Count One was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
Sequel to 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 reasonable doubt.
The trial court subsequently convicted Professor Ndifon on November 17, 2025, and sentenced him to two years’ imprisonment on Count One and five years on Count Two, without the option of a fine.
The sentences were ordered to run concurrently.
Dissatisfied with the judgment,the Professor appealed to the Court of Appeal, challenging his conviction and sentence.
The appellate 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 conviction of Professor Ndifon on the cybercrime-related offence contained in Count One has now been sustained by the appellate court.
The case originated from allegations concerning the conduct of Professor Ndifon 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 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 Professor 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 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 Professor 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 Professor Ndifon on the count before the High Court of Cross River State.
