Justice Njideka Nwosu-Iheme of the Federal Capital Territory High Court has ruled in the case involving the late gospel singer Osinachi Nwachukwu.
The court on Tuesday, dismissed the no-case submission filed by Peter Nwachukwu, the husband of the deceased.
The judge held that the prosecution has successfully established a case against the defendant.
Background
Osinachi Nwachukwu, a talented gospel singer, passed away on April 8, 2022.
Initially, her demise was attributed to throat cancer, but concerns were raised by family and friends who alleged that her death was linked to domestic assault by her husband, leading to his subsequent arrest.
The Federal Government had brought forth a 23-count charge against Peter Nwachukwu in connection with the untimely demise of his wife.
Following his plea of not guilty, the judge ordered the defendant to be remanded at the Kuje correctional facility, pending further proceedings.
The trial, which spanned from June 20, 2022, to March 10, 2023, witnessed the prosecution presenting 17 witnesses to testify.
A significant turning point came when the National Hospital in Abuja issued an autopsy report.
This report indicated an absence of physical violence on the deceased and outlined the cause of death, which included “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 restricts breathing.”
In response, Nwachukwu counsel, I.A. Aliyu argued that the autopsy report confirmed Osinachi’s death was “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 the secondary cause of death.”
He filed a no-case submission asserting that his client had no case to answer and prayed the court to acquit his client of all charges.
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Court’s Decision
Justice Nwosu-Iheme in her ruling maintained that the evidence presented by medical practitioners did not exonerate Nwachukwu from allegations of culpable homicide and domestic violence.
Consequently, the court rejected the no-case submission, requiring the defendant to proceed with opening his defense.
