A Federal Capital Territory High Court sitting in Wuse Zone 2 of Abuja has dismissed a no-case submission filed by Peter Nwachukwu husband of late gospel artist Osinachi Nwachukwu.
Presiding judge, Justice Nwosu-Iheme ruled that the prosecution has built a case against the defendant.
The Federal Government had filed a 23-count indictment against Nwachukwu in connection with Osinachi’s death.
The suspect 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 died on April 8, 2022, was considered to have died of throat cancer at first.
Her death, however, was linked to an assault by her husband, who was later arrested, according to family and acquaintances.
The National Hospital in Abuja then conducted an autopsy, which revealed that the body bore no signs of violence.
Osinachi died as a result of “generalised organ pallor; bilateral leg swelling; fluid in the sac containing the heart; tumour deposits in and on the heart, lungs, and kidneys; massively enlarged heart and fluid around the lungs which restrict breathing,” according to the study.
Following the report, Mr Nwachukwu’s counsel, I.A. Aliyu, filed a no-case submission, meaning 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 tumours, 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 provide his defence.
