A federal capital territory (FCT) high court in Wuse Zone 2, has dismissed the no-case submission filed by Peter Nwachukwu, husband of Osinachi, the late gospel singer.
Delivering a ruling on Tuesday, Njideka Nwosu-Iheme, presiding judge, held that “the prosecution has established a prima facie case against the defendant”.
Osinachi who passed away on April 8, 2022, was initially thought to have died of throat cancer.
The federal government had filed a 23-count charge against Nwachukwu over the death of Osinachi.
After pleading not guilty, the judge ordered that the defendant be remanded at the Kuje correctional facility pending further hearing.
The prosecution had called 17 witnesses to testify during the trial, which commenced on June 20, 2022, and ended on March 10, 2023.
The National Hospital in Abuja would later issue an autopsy, which stated that there was “no mark of violence on the deceased”.
The report listed the cause of Osinachi’s death to include “generalised organ pallor; bilateral leg swelling; fluid in the sac containing the heart; tumour deposits in and on the heart, lungs, kidneys; massively enlarged heart and fluid around the lungs which restrict breathing”.
Following the report, I. A. Aliyu, the defendant’s lead counsel, proceeded to file a no-case submission, implying that Nwachukwu had no case to answer.
Aliyu said evidence presented by the medical practitioners exonerated Nwachukwu from the allegations of culpable homicide and domestic violence.
He said the autopsy report confirmed that Osinachi died “solely 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”.
He prayed the court to discharge and acquit his client of all allegations.
However, the court dismissed the no-case submission and ordered the defendant to open his defence.