A Federal Capital Territory High Court has dismissed the no-case submission application filed by Peter Nwachukwu, the husband of the late gospel singer, Osinachi.
Nwachukwu’s lawyer, A. Aliyu, had filed a no-case submission, stating that the evidence of medical practitioners presented by the prosecution completely exonerated his client from the charge of culpable homicide.
He argued that the medical practitioners testified that the deceased did not suffer any form of violence resulting in her death.
Aliyu added that the report confirmed his client’s wife died as a result of outgrowth tumours, which resulted in cardiac tamponade, the primary cause of death, and abnormal growth of tissue (cancer), which is the 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.
At the proceedings on Tuesday, Justice Nwosu-Iheme held that the prosecution had established a prima facia case against the defendant and ordered him to enter his defence.
The judge, however, adjourned the matter till 22nd and 23rd November for defence.
Osinachi died on 8th April 2022, amid allegations of maltreatment and domestic violence by her husband.
Her husband was arrested and is currently being prosecuted by the Office of the Attorney General of the Federation.
He pleaded not guilty to 23 counts bordering on domestic violence and homicide, among others.