A federal capital territory (FCT) high court in Wuse Zone 2,
has dismissed the no-case submission filed by Peter Nwachukwu, husband of
Osinachi, the late gospel singer.
Delivering a ruling on Tuesday, Njideka Nwosu-Iheme,
presiding judge, held that “the prosecution has established a prima facie case
against the defendant”.
Osinachi who passed away on April 8, 2022, was initially
thought to have died of throat cancer.
But associates claimed her death was connected to assault by
her husband who was later arrested.
The federal government had filed a 23-count charge against
Nwachukwu over the death of Osinachi.
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.
HOSPITAL’S REPORT
The National Hospital in Abuja would 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, I. A. Aliyu, the defendant’s lead
counsel, 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.
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