Court upholds Ndifon’s two-year jail term, orders fresh trial on second count - The Guardian Nigeria News

The Court of Appeal, Abuja Division, has affirmed the two-year imprisonment imposed on the former Dean of the Faculty of Law, University of Calabar, Prof. Cyril Osim Ndifon, for soliciting pornographic, indecent and obscene photographs from a female student.

The appellate court, in its judgment in Appeal No. CA/ABJ/CR/1798/2025, upheld the Federal High Court, Abuja’s conviction of Ndifon on Count One of the charge, which was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

The Federal High Court, presided over by Justice James Omotosho, had on November 17, 2025, convicted Ndifon and sentenced him to two years’ imprisonment on the count, without an option of fine.

The sentence was ordered to run concurrently with a five-year term imposed on him on a second count alleging conferment of undue advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000. Dissatisfied with the judgment, Ndifon appealed against his conviction and sentence.

However, the Court of Appeal affirmed the trial court’s decision on the first count after considering the evidence, including electronic communications between Ndifon and a female student.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC), in a statement on Friday, said the appellate decision meant that the conviction for the cybercrime-related offence remained sustained.

The commission, however, said the Court of Appeal reached a different conclusion on the second count, holding that the Federal High Court lacked jurisdiction to try the alleged offence under the ICPC Act.

It consequently ordered that Ndifon be prosecuted afresh on the second count before the High Court of Cross River State.

The ICPC said it was taking steps to challenge the jurisdictional ruling on the second count before the appropriate superior court.

According to the commission, the appellate court’s decision on the second count does not affect the affirmation of Ndifon’s conviction and sentence on the first count.

The ICPC said the case arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the Faculty of Law, University of Calabar.

It said its prosecution had relied, among other evidence, on electronic communications relating to the solicitation of the photographs from a female student.

The commission reiterated its commitment to prosecuting corruption, abuse of office and related offences, particularly where institutional authority is alleged to have been used to exploit persons under an accused person’s authority or influence.

It added that it would continue to pursue available legal avenues while respecting the decisions of the courts.