The Federal Capital Territory High Court in Wuse Zone 2, has dismissed the no-case submission filed by Peter Nwachukwu, the husband of the late gospel singer, Osinachi Nwachukwu.
The Federal Government had filed a 23-count charge against Nwachukwu over the death of Osinachi. Delivering ruling, Justice Nwosu-Iheme held that the prosecution has established a case against the defendant.
After pleading not guilty, the judge ordered that the defendant be remanded at the Kuje correctional facility pending further hearing.
The prosecution had called 17 witnesses to testify during the trial, which commenced on June 20, 2022, and ended on March 10, 2023.
Mrs Osinachi, who passed away on April 8, 2022, was initially thought to have died of throat cancer, but family and friends claimed her death was connected to assault by her husband who was later arrested.
The National Hospital in Abuja later issue an autopsy, which stated that there was no mark of violence on the deceased.
The report listed the cause of Osinachi’s death to include “generalised organ pallor; bilateral leg swelling; fluid in the sac containing the heart; tumour deposits in and on the heart, lungs, kidneys; massively enlarged heart and fluid around the lungs which restrict breathing”.
Following the report, counsel for Mr Nwachukwu, I.A. Aliyu, proceeded to file a no-case submission, implying that Nwachukwu had no case to answer.
Aliyu said evidence presented by the medical practitioners exonerated Nwachukwu from the allegations of culpable homicide and domestic violence.
He said the autopsy report confirmed that Osinachi died “solely as a result of outgrowth tumors, which resulted in cardiac tamponade, the primary cause of death and abnormal growth of tissue (cancer) which is the secondary cause of death”.
He prayed the court to discharge and acquit his client of all allegations.
However, the court dismissed the no-case submission and ordered the defendant to open his defence.
