Former UNICAL Law Dean convicted over solicitation of obscene photographs; appellate court orders fresh trial on separate charge
The Court of Appeal, Abuja Division, has upheld the conviction and two-year prison sentence imposed on 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 through electronic communication.
The appellate court delivered its judgment on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, affirming the decision of the Federal High Court, Abuja, on Count One of the charge.
The offence was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.
Court Upholds Two-Year Sentence
The Federal High Court, presided over by Justice James Omotosho, had convicted Ndifon on November 17, 2025, and sentenced him to two years’ imprisonment without an option of fine on Count One.
The trial court had also imposed a five-year sentence on a second count, with both sentences ordered to run concurrently.
Ndifon subsequently appealed the conviction and sentences.
After considering the appeal, the Court of Appeal affirmed the conviction and two-year custodial sentence in respect of Count One, meaning that the conviction on the cybercrime-related offence remains in force.
According to reports citing the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the prosecution relied, among other evidence, on electronic communications between Ndifon and a female student.
Fresh Trial Ordered on Second Count
However, the Court of Appeal reached a different conclusion concerning Count Two, which involved an allegation of conferment of undue advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.
The appellate court held that the Federal High Court lacked jurisdiction to entertain that count and consequently ordered that Ndifon be prosecuted afresh on the charge before the High Court of Cross River State.
The ICPC has said it is taking steps to challenge the jurisdictional aspect of the judgment before the appropriate superior court.
The Commission also clarified that the decision concerning Count Two does not affect the Court of Appeal’s affirmation of Ndifon’s conviction and sentence on Count One.
Case Originated From Conduct While Ndifon Was Dean
The case arose from allegations concerning Ndifon’s conduct towards female students during his tenure as Dean of the Faculty of Law, University of Calabar.
The prosecution alleged that he used electronic communication to solicit pornographic, indecent and obscene photographs from a female student. The allegation formed the basis of Count One under the Cybercrime Act.
The latest appellate judgment therefore leaves the two-year conviction on Count One sustained, while the legal proceedings relating to Count Two are set to continue before the High Court of Cross River State, subject to any further appeal on the jurisdictional issue.
Legal Status
The conviction affirmed by the Court of Appeal relates specifically to Count One. Proceedings on Count Two are subject to a fresh trial following the appellate court’s jurisdictional ruling.
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