The no-case submission application filed by Peter Nwachukwu, husband of late gospel singer, Osinachi, has been dismissed by a Federal Capital Territory, FCT, High Court sitting in Wuse Zone 2.
Nwachukwu had filed the application to challenge the homicide and domestic violence suit instituted against him by the Office of the Attorney-General of the Federation on June 3, 2022.
Justice Njideka K. Nwosu-Iheme ruled that Nwachukwu has a case to answer.
The judge ordered Nwachukwu to open defence in the matter.
On April 8, 2022, Osinachi took her last breath and her death was linked to maltreatment and domestic violence by her husband.
Based on the allegation, the husband was arrested and is currently being prosecuted by the OAGF.
Upon arraignment, Justice Njideka K. Nwosu-Iheme remanded the defendant at the Kuje Correctional Facility pending the hearing and determination of the case after he had pleaded not guilty to a 23-count charge bordering on domestic violence and homicide, among others.
Nwachukwu’s lawyer, A. Aliyu, had filed a no-case submission.
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 to her death, adding that the report confirmed his client’s wife 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 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”.
However, during resumed proceedings on Tuesday, Justice Nwosu-Iheme held that the prosecution has established a prima facia case against the defendant and ordered him to enter his defence.
The judge adjourned the matter till November 22 and 23 for defence.
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