The Federal Capital Territory High Court sitting in Wuse Zone 2, Abuja, has dismissed the no case submission filed by Peter Nwachukwu, husband of the late gospel singer, Osinachi Nwachukwu, to challenge a homicide and domestic violence-related suit.
The case was instituted against him by the Office of the Attorney-General of the Federation on June 3, 2022.
The court held that the federal government has established a case against him and he must open defence in the matter.
Osinachi died on April 8, 2022 and there were various reports from her colleagues alleging that her husband physically abused her. Nwachukwu was subsequently arrested by the Nigerian police.
Upon arraignment, Justice Njideka K. Nwosu-Iheme remanded the defendant at the Kuje Correctional Facility pending the hearing and determination of the case after he had pleaded not guilty to 23-count charge bordering on domestic violence and homicide, among others.
Trial commenced on June 20, 2022 with the prosecution calling 17 witnesses to give evidence while eventually closing its case on March 10, 2023.
Nwachukwu’s lawyer, A. Aliyu, then filed a no case submission, implying his client has no case to answer.
He argued that the evidence presented by the medical practitioners exonerated his client from the charge of culpable homicide.
He noted that the medical practitioners testified that the deceased did not suffer any form of violence resulting to her death, adding that the reports 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.”
Ruling on the no case submission on Tuesday, Justice Nwosu-Iheme held that the prosecution has established a prima facia (upon initial examination, a legal claim has sufficient evidence to proceed to trial or judgment) case against the defendant and ordered him to enter his defence.
The court adjourned to November 22 and 23 for defence.
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Osinachi Nwachukwu’s Husband’s No Case Submission Dismissed