After 1 Year In Prison, Osinachi’s Husband Asks Court To Dismiss Homicide Case, Gives Reasons

…. Case Adjourned To September 26

The Federal Capital Territory High Court, Wuse Zone 2, Abuja on Thursday, adjourned the alleged homicide and domestic violence-related suit instituted against Peter Nwachukwu, husband of the late gospel singer, Osinachi.

The case was adjourned to September 26.

The request for adjournment was at the instance of his lawyer, I.A Aliyu, whose “no case submission” process seen by THE WHISTLER was dated July 3, 2023.

The suit was instituted against Nwachukwu by the office of Attorney General of the Federation on June 3, 2022.

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.

Recall that Nwachukwu’s wife died on April 8, 2022 and many of her colleagues in music had alleged that her husband subjected the deceased to domestic violence, leading to her death.

Afterwards, the Nigeria Police arrested him and eventually handed his case file to the OAGF for prosecution.

The AGF through its lawyer, Mrs Aderonke Imana, accused Peter of committing homicide, emotional, verbal and psychological abuse on Mrs Osinachi Nwachukwu (the deceased) by humiliating her.

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 defendant has been in prison since arraignment.

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.”

The matter was adjourned from May 31 to July 6 but when the court resumed, the defendant’s lawyer asked for adjournment after the prosecution counsel said they were not served with his “no case submission” on time.

The court subsequently adjourned to September 26.

HIGHLIGHTS OF NO CASE SUBMISSION

Nwachukwu’s lawyer, Aliyu, told the judge in his no case submission that the evidence of medical practitioners presented by the prosecution to talk on the autopsy report completely exonerated his client from the charge of culpable homicide when they testified that the deceased did not suffer any form of violence resulting to her death and the fact that his 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.”

He maintained that the testimony of his in-laws relating to violence were speculative because the autopsy “shows there was no mark of violence on the deceased at the time the autopsy was conducted.”

He maintained there was peace in his home.

The lawyer added that the children’s testimony (14 years and below) against their father was based on what they were “tutored” to say.

“My lord, it is our submission that a no case submission should be upheld.

“We consequently urge my lord to discharge the defendant and uphold our no case submission,” Aliyu added.