By In a landmark decision, the Federal High Court in Calabar, Cross River State, Nigeria, presided over by Justice Rosemary Dugbo, has discharged and acquitted Mr. Charles Oberu, who was accused of circulating a recorded sex tape featuring himself and his former girlfriend, Ms. Paradise Gracious John.
In April 2022, Ms. John, a nurse in training at the Cross River State School of Nursing, Itigidi, and the daughter of a pastor, petitioned Mr. Oberu following the widespread sharing of her sex tape.
Mr. Oberu was arrested in late April 2022 and arraigned on June 9th, 2022, facing a two-count charge of cyberstalking and blackmail in suit number FHC/CA/126C/2022.
Despite pleading not guilty, Mr. Oberu has remained in custody at the Medium Security Custodial Center, Afokang, Calabar, since his arraignment.
Before Thursday, May 9, 2024, the case underwent numerous adjournments.
In her ruling, Justice Dugbo held that the prosecution had failed to prove their case beyond reasonable doubt and, therefore, discharged and acquitted the defendant for lack of diligent prosecution.
The judge questioned how the prosecution came to the conclusion that the iPhone mentioned in count one was an iPhone when the defendant had not disclosed the model.
Furthermore, the court found that the prosecution had not proven that the defendant had transmitted or caused the transmission of his communication with CrossRiverWatch, an online newspaper, or engaged in several chats with other people with the intention of bullying, threatening, or harassing the complainant (PW1).
Justice Dugbo said, “To this end, this court has looked at the evidence brought forward by the prosecution, in count two as well, to show that no real evidence was presented by the prosecution to prove the same thing. In this case, this court agreed with the learned defense counsel that, based on the evidence and counter-evidence brought forward in this charge, the prosecution has not met the burden of proof that was placed on him.”
Barrister O. E. Obeten, Esq., who held brief for the substantive prosecutor, S. A. Awurikuriye, Esq., commented that the judgment was fair and that the court had not been sentimental.
On the other hand, the defendant’s counsel, Oboko Oku, Esq., expressed his belief that the prosecution had failed to prove the alleged offense’s commission, characterizing the case as frivolous and one that could have resulted in an innocent man’s life in prison.
The case highlighted the importance of diligent prosecution and the need for substantial evidence in cases involving cybercrimes and personal privacy violations.
The defense has viewed Mr. Oberu’s acquittal as a significant victory and a reminder of the legal system’s duty to uphold justice based on the case’s merits.
