Justice Njideka Nwosu-Iheme of the Federal Capital Territory High Court in Wuse Zone 2, has rejected Peter Nwachukwu, the spouse of the late gospel singer Osinachi Nwachukwu, in his no-case submission.
In her ruling, Justice Nwosu-Iheme determined that the prosecution had successfully presented a case against the accused.
The Federal Government had brought forth a 23-count charge against Nwachukwu in connection with the demise of Osinachi.
Following his plea of not guilty, the judge directed that the defendant be held in custody at the Kuje correctional facility until the next phase of the trial.
Throughout the proceedings, which began on June 20, 2022, and concluded on March 10, 2023, the prosecution called upon 17 witnesses to provide their testimonies.
Mrs. Osinachi, who passed away on April 8, 2022, was initially believed to have succumbed to throat cancer. However, her family and friends alleged that her demise was linked to domestic abuse at the hands of her husband, who was subsequently apprehended.
Later, the National Hospital in Abuja conducted an autopsy, which revealed no signs of physical violence on the deceased. The autopsy report attributed the cause of Osinachi’s death to various factors, 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”.
In response to the report, Mr. Nwachukwu’s legal counsel, I.A. Aliyu, went on to submit a no-case motion, suggesting that Nwachukwu had no obligation to defend himself.
Aliyu argued that the evidence provided by the medical professionals absolved Nwachukwu of any accusations related to culpable homicide and domestic violence.
He pointed out that the autopsy report affirmed that Osinachi’s demise “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 requested the court to release his client and declare him innocent of all charges.