Cyril Ndifon: Appeal court upholds ex-UNICAL dean’s jail term, orders fresh trial on second count

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Professor Cyril Ndifon

The Abuja Division of the Court of Appeal has affirmed the conviction of Professor Cyril Ndifon, the former Dean of the Faculty of Law, University of Calabar, for soliciting pornographic, indecent and obscene photographs from a female student.

In a judgment delivered on Thursday in Appeal No. CA/ABJ/CR/1798/2025, the appellate 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 arose from evidence 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 in Count One was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

Spokesperson for the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Okor Odey, confirmed the Court of Appeal’s verdict in a Friday statement.

The second count alleged that Ndifon conferred an undue advantage on himself, contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

Following a protracted trial, the FHC presided over by Justice James Omotosho had found the prosecution established the defendant’s guilt beyond reasonable doubt.

The trial court subsequently convicted him 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, Ndifon 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.

With respect to Count Two, 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 Ndifon on the count before the High Court of Cross River State.

The ICPC spokesman said the commission is currently taking steps to challenge this aspect of the judgment before the appropriate superior court.

The statement reads, “The Commission considers the jurisdictional question arising from Count Two to be a matter requiring further judicial determination.

“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 conviction for soliciting pornographic, indecent and obscene photographs from a student remains affirmed by the Court of Appeal.

“The Commission reiterates its commitment to the prosecution of 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.

“The ICPC also reaffirms its commitment to conducting its investigations and prosecutions strictly within the provisions of the law and in accordance with due process.

“The Commission respects the decisions of the courts and will continue to utilise the available legal avenues where it considers further judicial clarification necessary.”

The ICPC vowed to provide further updates on the matter as they emerge.

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