Osinachi’s late husband, Peter Nwachukwu, filed a no-case submission petition, but the Federal Capital Territory, FCT, High Court in Wuse Zone 2 has dismissed it.
On June 3, 2022, Nwachukwu submitted an application to contest the homicide and domestic violence case that the Office of the Attorney-General of the Federation had brought against him.
According to Justice Njideka K. Nwosu-Iheme, Nwachukwu must present a defense.
Nwachukwu was told by the judge to provide his defense.
Osinachi passed away on April 8, 2022, and her death was blamed on her husband’s abuse and domestic violence.
The husband was detained and is currently facing charges from the OAGF as a result of the allegation.
After entering a not guilty plea to a 23-count charge that included homicide and domestic violence among other things, Justice Njideka K. Nwosu-Iheme remanded the defendant to the Kuje Correctional Facility for the hearing and resolution of the matter.
A. Aliyu, Nwachukwu’s attorney, has submitted a no-case motion.
The defense attorney testified in court that the prosecution’s use of medical expert testimony totally cleared his client of the accusation of culpable homicide.
He said the findings confirmed his client’s wife died and that the medical professionals testified that the deceased did not experience any violence that led to her death “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”.
However, during resumed proceedings on Tuesday, Justice Nwosu-Iheme held that the prosecution has established a prima facia case against the defendant and ordered him to enter his defence.
The judge adjourned the matter till November 22 and 23 for defence