The no-case submission filed by Peter Nwachukwu, the husband of the late gospel singer, Osinachi Nwachukwu, has been rejected by Justice Njideka Nwosu-Iheme of the Federal Capital Territory High Court in Wuse Zone 2, on Tuesday, October 17.
Through the Office of the Attorney-General of the Federation (OAGF), the government dragged Nwachukwu before the court on a 23-count charge bordering on domestic violence and culpable homicide.
Nwachukwu had through his counsel, I. A Aliyu, had on September 27, filed a no-case submission before the prosecution closed its case and urged the court to exonerate him from the charges filed against him.
In the course of proving its case against Nwachukwu, the prosecution had called 17 witnesses, including the late gospel artist’s sister, children, doctors, and police personnel from the Lugbe division, Abuja, among others.
While arguing his client’s no-case submission, Aliyu had urged the court to discount the evidence of the prosecution witnesses, arguing that the evidence of the medical doctor brought by the prosecution completely exonerated Nwachukwu of culpable homicide. While saying that the deceased’s children were tutored to testify against their father before the court, the defence counsel added that the defendant’s in-laws tried hard before the court to frame him.
Ruling on the no-case submission today, Justice Nwosu-Iheme held that Nwachukwu has a case to answer in the trial. The judge further held that the prosecution has established a prima facie case against the defendant for him to enter his defence.
“The prosecution has established a prima facie case against the defendant.”the judge ruled
She then adjourned the case to November 22-23 for Nwachukwu to open his defence.
Late Osinachi, who passed away on April 8, 2022, was initially thought to have died of throat cancer. However, her family and friends claimed her death was connected to assault by her husband who was later arrested. The National Hospital in Abuja later issued 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”.
