Justice Njideka Nwosu-Iheme of the Federal Capital Territory High Court sitting in Wuse Zone 2, has dismissed the no-case submission filed by Peter Nwachukwu, the husband of the late gospel singer, Osinachi Nwachukwu.
While delivering justice, Justice Nwosu-Iheme stated that the prosecution has established a case against the defendant.
The Federal Government had filed a 23-count indictment against Nwachukwu in connection with Osinachi’s death.
The defendant was remanded at the Kuje detention facility until further hearing after pleading not guilty.
During the trial, which began on June 20, 2022 and finished on March 10, 2023, the prosecution called 17 witnesses to testify.
Mrs Osinachi, who passed away on April 8, 2022, was considered to have died of throat cancer at first.
However, family and friends later 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 revealed 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, Mr Nwachukwu’s counsel, I.A. Aliyu, filed a no-case submission, implying that Nwachukwu had no case to answer.
Aliyu stated that the evidence produced by the medical practitioners cleared Nwachukwu of the charges of culpable homicide and domestic violence.
According to him, 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 asked the court to release and acquit his client of all charges.
The court, however, rejected the no-case motion and ordered the defendant to open his defence.
