Appeal Court Upholds Two-Year Jail Term for Ex-UNICAL Dean Ndifon

Appeal Court Upholds Two-Year Jail Term for Ex-UNICAL Dean Ndifon

The Court of Appeal, Abuja Division, has upheld the conviction and two-year prison sentence imposed on former University of Calabar (UNICAL) Faculty of Law Dean, Professor Cyril Osim Ndifon, over the solicitation of pornographic, indecent and obscene photographs from a female student.

The appellate court delivered its judgment on September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, affirming the judgment of the Federal High Court, Abuja, on the first count.

The first count was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015. It alleged that Ndifon, while serving as Dean of the Faculty of Law at UNICAL, solicited pornographic, indecent and obscene photographs from a female student through electronic communication.

Justice James Omotosho of the Federal High Court convicted Ndifon on November 17, 2025, after finding that the prosecution had established the offence beyond reasonable doubt. He sentenced the former dean to two years’ imprisonment without an option of fine on the first count.

The trial court also convicted Ndifon on a second count alleging that he conferred an undue advantage on himself, contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

He received a further five-year prison sentence without an option of fine on that count. The two sentences were ordered to run concurrently, meaning the trial court’s sentencing order provided for them to be served at the same time.

Ndifon subsequently appealed against his conviction and sentence.

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In its ruling, however, the Court of Appeal drew a distinction between the two counts.

The appellate court upheld the first conviction and its two-year sentence but held that the Federal High Court lacked jurisdiction to try the second count under the ICPC Act.

It consequently ordered a fresh prosecution on the second count before the High Court of Cross River State.

The ruling does not amount to an acquittal on the second allegation. Instead, the appellate court’s jurisdictional finding means the second count is to be pursued afresh before the court specified in the judgment, subject to any further legal challenge.

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has said it intends to challenge the Court of Appeal’s decision on the jurisdictional issue before the Supreme Court.

ICPC spokesperson J. Okor Odey said the commission considers the question arising from the second count to require further judicial determination.

The commission stressed that the ruling on the second count does not affect the appellate court’s affirmation of Ndifon’s conviction on the first count.

The prosecution’s case on the first count relied, among other evidence, on electronic communications between Ndifon and a female student. The Federal High Court considered testimony and electronic evidence before reaching its conviction, which has now been upheld on appeal.

The case arose from allegations concerning Ndifon’s conduct towards female students while he was Dean of the UNICAL Faculty of Law. He was removed from the position in 2023 following allegations of sexual harassment involving female students.

The latest ruling therefore leaves Ndifon’s two-year conviction on the first count intact, while the second count remains subject to fresh proceedings and the ICPC’s proposed further appeal.

Appeal Court Upholds Two-Year Jail Term for Ex-UNICAL Dean Ndifon