The Federal High Court in Calabar, under the stewardship of Justice Rosemary Dugbo, has rendered a verdict of discharge and acquittal in the case of Mr.
Charles Oberu, who was accused of circulating a recorded sextape involving him and his former girlfriend, Ms. Paradise Gracious John.
The case stemmed from a petition filed by Ms. John, then a nursing trainee at the Cross River State School of Nursing, Itigidi, after her sextape was widely circulated in April 2022. Mr. Oberu was subsequently arrested and arraigned on June 9th, 2022, facing charges of cyberstalking and blackmail in suit number FHC/CA/126C/2022. Despite pleading not guilty, Mr. Oberu had remained in custody at the Medium Security Custodial Center, Afokang, Calabar.
After a series of adjournments, Justice Dugbo delivered her judgment on Thursday, citing the prosecution's failure to establish the case beyond reasonable doubt. She highlighted the lack of diligent prosecution as grounds for discharging and acquitting the defendant.
In her ruling, Justice Dugbo scrutinized the evidence presented by both sides and underscored the importance of concrete evidence over eloquent legal arguments. She noted discrepancies in the prosecution's case, particularly regarding the identification of the device used to circulate the sextape.
The court questioned the prosecution's assertion that the device was an iPhone, pointing out the absence of conclusive evidence to support this claim. Additionally, Justice Dugbo emphasized the prosecution's failure to provide substantial evidence linking Mr. Oberu to the alleged offenses.
Consequently, Justice Dugbo concluded that there was insufficient evidence to convict the defendant, emphasizing the fundamental principle that the burden of proof lies with the prosecution. Accordingly, she discharged and acquitted Mr. Charles Oberu of all charges due to the prosecution's negligence and the absence of a compelling case against him.
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