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

The Court of Appeal in Abuja has upheld the conviction and
two-year jail term imposed on Cyril Ndifon, former dean of the faculty of law
at the University of Calabar (UNICAL), for soliciting porn0graphic photographs
from a female student.

 

In a judgement delivered in Appeal No. CA/ABJ/CR/1798/2025,
the appellate court affirmed the decision of the Federal High Court in Abuja on
the first count of the charge.

In a statement issued on Friday, Okor Odey, spokesperson for
the Independent Corrupt Practices and Other Related Offences Commission (ICPC),
said the appellate court held that the federal high court lacked jurisdiction
to try the second count.

Odey said the court ordered the anti-graft agency to
commence a fresh prosecution on the second count before the high court of Cross
River state.

Ndifon was convicted by the federal high court on November
17, 2025, and sentenced to two years’ imprisonment on the first count and five
years on the second. The sentences were ordered to run concurrently.

The first count was brought under section 24 of the
Cybercrime (Prohibition, Prevention, etc.) Act, 2015, over allegations that
Ndifon, while serving as UNICAL’s dean of law faculty, solicited “porn0graphic,
indecent and obscene photographs” from a female student through electronic
communication.

James Omotosho, the presiding judge, held that the
prosecution had established the offence beyond reasonable doubt.

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.

However, the court of appeal held that the trial court did
not have jurisdiction to entertain that count under the ICPC Act.

The ICPC said it is taking steps to challenge the decision
on the second count before the supreme court.

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

Ndifon was removed as dean of the faculty of law at UNICAL
in 2023 following allegations of sexual harassment involving female students.

The ICPC had alleged that Ndifon asked a female diploma
student, identified as TKJ, to send him porn0graphic and obscene photographs
through instant messaging.

The commission also accused him of demanding sexual acts
from the student in connection with her admission to the university.

At the trial, the prosecution relied on witness testimony
and electronic communications between Ndifon and the student.

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