Court Dismisses Late Osinachi Husband’s No Case Submission In Domestic Violence Suit
….Orders Husband To Enter Defence November 22
The Federal Capital Territory High Court, Wuse Zone 2, 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 on June 3, 2022.
The court held that the federal government has established a case against him and he must open defence in the matter.
Recall that Nwachukwu’s wife died on April 8, 2022 and many of her colleagues in music had alleged that her husband maltreated her, leading to her death.
Afterwards, the Nigeria Police arrested Nwachukwu and eventually handed his case file to the OAGF for prosecution.
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 23-count charge bordering on domestic violence and homicide, among others.
Trial commenced on June 20, 2022 with the prosecution calling 17 witnesses to give evidence while eventually closing its case on March 10, 2023.
THE WHISTLER had exclusively obtained the autopsy report on the deceased, stamped by the National Hospital, Abuja.
The report saw no mark of violence on the deceased and listed the causes of her death to include “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.”
Nwachukwu’s lawyer, Mr. A. Aliyu, then filed a no case submission, implying his client has 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 to her death, adding that the reported 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.”
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.
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