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Appeal Court Backs ICPC on Ndifon Conviction, Directs Retrial of Undue Advantage Charge

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

The appellate court, in its judgment in Appeal No. CA/ABJ/CR/1798/2025, upheld the November 17, 2025 judgment of the Federal High Court, Abuja, which found Ndifon guilty on Count One under Section 24 of the Cybercrime (Prohibition, Prevention, etc.) Act, 2015.According to ICPC spokesperson J. Okor Odey, the Court of Appeal sustained the conviction after considering the grounds of appeal filed by Ndifon against the lower court’s decision.

The conviction stemmed from evidence presented by the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which showed that Ndifon solicited pornographic, indecent and obscene photographs from a female student while serving as Dean of the Faculty of Law at the University of Calabar.

Justice James Omotosho of the Federal High Court had held that the prosecution proved the charge beyond reasonable doubt and sentenced Ndifon to two years’ imprisonment without an option of fine on Count One.

While affirming the conviction on the cybercrime charge, the Court of Appeal took a different position on Count Two, which alleged conferment of an undue advantage contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000.

The appellate court ruled that the Federal High Court lacked jurisdiction over the ICPC Act offence and ordered that the charge be prosecuted before the High Court of Cross River State.

The ICPC said it would challenge that aspect of the judgment at a higher court, maintaining that the jurisdictional issue requires further judicial determination.

The Commission, however, stressed that the appellate court’s decision on Count Two does not affect the affirmed conviction and two-year custodial sentence imposed on Ndifon for the cybercrime-related offence.

ICPC reiterated its commitment to prosecuting corruption, abuse of office and related offences, particularly cases involving the alleged exploitation of persons by individuals in positions of authority.

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