Late Osinachi: Husband’s Defence Against ‘Homicide Charge’ Stalls At FCT High Court

The opening of defense by Peter Nwachukwu, husband of the late gospel singer, Osinachi, was stalled at the Federal Capital Territory High Court, Wuse Zone 2, Abuja on Wednesday.

Nwachukwu’s lawyer, Abubakar Aliyu, told the court that although the commencement of his client’s defence was fixed for Wednesday and Thursday, he has been unable to brief his client who has been in the custody of the Nigeria Correctional Service.

Nwachukwu is facing homicide and domestic violence-related suit in connection with his wife’s death.

THE WHISTLER reports that the court had on October 17, 2023 dismissed the no case submission application filed by the late singer’s husband against the suit instituted 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 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 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.”

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, 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 February 7 and 8 for the defendant to enter his defense.

At the resumed hearing for defense on Wednesday, Aliyu told the court that he was at the Nigerian Correctional Service three times to take his client through the review of some exhibits but they refused him access, saying he needed to get approval from authorities.

Aliyu then asked if the court can stand down proceedings for two hours so he can be allowed to speak with his client within the court.

The judge then directed the prison staff that brought late Osinachi’s husband to allow his lawyers to speak with his client for two hours before return him back to prison.

Aliyu seized the moment to ask for the court’s permission to return on Thursday and present his two witnesses who include the singer’s husband and close his defense.

Aderonke Imana, counsel for the prosecution did not object to the request.

“Let’s come back tomorrow. Matter adjourned to tomorrow for a definite hearing,” the judge ruled.

THE WHISTLER gathered that the exhibit in question is the forensic analysis of the late wife’s phone which showed extracts of conversations with the husband, done by the Economic and Financial Crimes Commission (EFCC).