October 17, (THEWILL) – The Federal Capital Territory High Court, Abuja, on Tuesday, dismissed the no-case submission application filed by Peter Nwachukwu, husband of the late gospel singer, Osinachi, to challenge the homicide and domestic violence-related suit instituted against him by the Office of the Attorney-General of the Federation.
The court held that the Federal Government had established a case against him and he must open a defence in the matter.
Colleagues and family of the late gospel singer, Osinachi Nwachukwu, who died on April 8, 2022, had accused her husband of causing her death.
However, an autopsy report on the deceased had indicated no mark of violence on the deceased.
The report from the National Hospital listed the causes of her death to include “generalised 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.”
Nwachukwu’s lawyer, A. Aliyu, had filed a no-case submission, implying his client had no case to answer.
The lawyer told the court that the evidence of medical practitioners presented by the prosecution completely exonerated his client from the charge of culpable homicide.
He noted that the medical practitioners testified that the deceased did not suffer any form of violence resulting in her death, adding that the report confirmed his client’s wife 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.”
The lawyer accused Nwachukwu’s in-laws of trying to frame him up, insisting the autopsy “shows there was no mark of violence on the deceased at the time the autopsy was conducted.”
On the children’s testimony (14 years and below) against their father, the lawyer contended that they were “tutored” on what to say.
On the part of the prosecution, its legal team asked the court to discountenance the defendant’s submission and order him to enter defence in the case.
Ruling on the no-case submission on Tuesday, Justice Nwosu-Iheme held that the prosecution has established a prima facia (upon initial examination, a legal claim has sufficient evidence to proceed to trial or judgment) case against the defendant and ordered him to enter his defence.
The court adjourned to November 22 and 23 for defence.
