CURRENT REPORT BLOG justice Njideka Nwosu-Iheme, presiding over the Federal Capital Territory High Court in Wuse Zone 2, has rejected the request for dismissal of the case filed by Peter Nwachukwu, the spouse of the late gospel singer, Osinachi Nwachukwu.
In her ruling, Justice Nwosu-Iheme stated that the prosecution had successfully presented a case against the defendant.
The Federal Government had brought forth a 23-count charge against Nwachukwu in connection with the death of Osinachi. After entering a not guilty plea, the judge ordered the defendant to be held at the Kuje correctional facility pending further proceedings.
During the trial, which spanned from June 20, 2022, to March 10, 2023, the prosecution called upon 17 witnesses to provide their testimony.
Initially, Mrs. Osinachi’s death on April 8, 2022, was attributed to throat cancer, but allegations from family and friends suggested that her demise was linked to assault by her husband, who was subsequently apprehended. However, the National Hospital in Abuja conducted an autopsy, which indicated the absence of signs of violence on the deceased.
The autopsy report cited the causes of Osinachi’s death as “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.”
Following this report, Mr. Nwachukwu’s counsel, I.A. Aliyu, filed a no-case submission, asserting that Nwachukwu had no case to answer. Aliyu argued that the evidence presented by medical practitioners absolved Nwachukwu of allegations of culpable homicide and domestic violence. He maintained that the autopsy report confirmed that Osinachi’s death resulted from “outgrowth tumors, which led to cardiac tamponade, the primary cause of death, and abnormal tissue growth (cancer) as the secondary cause of death.”
Nevertheless, the court dismissed the no-case submission and ordered the defendant to present his defense.