Appeal Court Seals Ndifon’s Fate Over Nude Photo Scandal

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

In a judgment delivered on Thursday, September 18, 2026, in Appeal No. CA/ABJ/CR/1798/2025, the appellate court upheld the November 17, 2025, decision of the Federal High Court, Abuja, which convicted Ndifon on Count One of the charge preferred against him by the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The offence was prosecuted under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.

Justice James Omotosho of the Federal High Court had found that the prosecution proved beyond reasonable doubt that Ndifon, while serving as Dean, used electronic communication—including WhatsApp chats—to solicit explicit images from a female diploma student identified in court by the pseudonym TKJ (or TJK). The trial court sentenced him to two years’ imprisonment on that count and five years on a second count alleging the conferment of an undue advantage under Section 19 of the Corrupt Practices and Other Related Offences Act, 2000. Both sentences were ordered to run concurrently, without the option of a fine.

Ndifon appealed the conviction and sentence. After reviewing the grounds of appeal and the evidence, including electronic communications tendered by the ICPC, the Court of Appeal sustained the conviction and two-year custodial term on Count One. The Independent Corrupt Practices and Other Related Offences Commission described the affirmation as confirmation that the cybercrime-related finding remains binding.

On Count Two, however, the appellate court took a different view. It held that the Federal High Court lacked jurisdiction to try the alleged offence under the ICPC Act and ordered that the matter be prosecuted afresh before the High Court of Cross River State. The ICPC has indicated it is taking steps to challenge this jurisdictional aspect of the ruling before a higher court, while stressing that the decision on Count Two does not affect the upheld conviction on Count One.

The case arose from allegations of misconduct by Ndifon toward female students during his tenure as Dean. Prosecution evidence centred on communications in which he allegedly demanded explicit photographs and sought sexual favours in connection with the student’s efforts to secure admission into the law programme. The ICPC presented witness testimony, including from the student at the centre of the allegations, and digital forensic material recovered from electronic devices. The trial court described the evidence as credible and overwhelming, noting that Ndifon had exploited his position of authority.

Ndifon’s co-defendant, lawyer Sunny Anyanwu, who faced related charges of attempting to pervert the course of justice, was discharged and acquitted by the trial court after the judge found insufficient evidence linking him to the alleged offences.

The matter gained public attention in 2023 after female law students at the University of Calabar staged protests accusing Ndifon of sexual harassment. He was subsequently suspended.

ADVERTISEMENT

The ICPC has characterised the original conviction as a significant development in efforts to address abuse of office and sexual exploitation in tertiary institutions. The Commission has also pointed to the case as highlighting the need for stronger internal mechanisms in universities to prevent and respond to such conduct.

Ndifon had previously faced other legal challenges related to allegations of misconduct, including earlier proceedings in which courts affirmed the ICPC’s authority to investigate claims of corrupt practices and demands for sexual gratification. The latest appellate decision leaves the two-year sentence for the cybercrime offence intact while reopening the path for a fresh trial on the second count in the Cross River State High Court.

The ICPC has reaffirmed its commitment to pursuing cases involving the alleged abuse of institutional authority and has said it will continue to follow due process as the legal proceedings advance. Further updates are expected as the jurisdictional challenge and any subsequent trial unfold.