Justice Njideka K. Nwosu-Iheme of the Federal Capital Territory High Court in Wuse Zone 2, Abuja has fixed Tuesday October 17 for ruling on the no case submission application filed by Peter Nwachukwu, the husband of the late gospel singer, Osinachi, in respect of the homicide and domestic violence-related suit instituted against him by the Office of the Attorney-General of the Federation on June 3, 2022.
Recall that late Osinachi died on April 8, 2022 and a lot of her colleagues alleged that her husband abused her while she was alive and this led to her death. Thereafter, Nigeria Police arrested Nwachukwu and eventually transferred his case file to the OAGF for prosecution.
Upon his arraignment, Justice Njideka K. Nwosu-Iheme, remanded Nwachukwu at the Kuje Correctional Facility pending the hearing and determination of the case after he pleaded not guilty to 23-count charge bordering on domestic violence and homicide.
Trial commenced on June 20, 2022 with the prosecution calling 17 witnesses to present evidence while eventually closing its case on March 10, 2023.
The report didn’t see any mark of violence on the deceased and listed the causes of her death to include “generalized organ pallor, bilateral leg swelling, fluid in the sac containing the heart, tumor deposits in and on the heart, lungs, kidneys, massively enlarged heart” and “fluid around the lungs which restrict breathing.”
Nwachukwu’s lawyer, A. Aliyu, later filed a no case submission which implied his client has no case to answer. The lawyer told the court that the evidence of medical practitioners presented by the prosecution totally exonerated his client from the charge of culpable homicide.
He stated that the medical practitioners testified that Osinachi did not suffer any form of violence resulting to her death and added that the report confirmed his client’s wife 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 secondary cause of death.”
The lawyer accused Osinachi’s family of trying to frame him up, insisting the autopsy “shows there was no mark of violence on the deceased at the time the autopsy was conducted.” On the children’s testimony (14 years and below) against their father, the lawyer stated that they were “tutored” on what to say.
At the resumption of hearing on Tuesday, Aliyu urged the court to upload his no case submission and discharge the defendant.
He noted that the medical practitioners testified that the deceased did not suffer any form of violence resulting to her death, adding that the reported confirmed his client’s wife 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 secondary cause of death.”
The lawyer accused Nwachukwu’s in-laws of trying to frame him up, insisting the autopsy “shows there was no mark of violence on the deceased at the time the autopsy was conducted.” On the children’s testimony (14 years and below) against their father, the lawyer contended that they were “tutored” on what to say.
At the resumption of hearing recently, Aliyu urged the court to upload his no case submission and discharge the defendant.
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