“Culpable homicide is committed where the accused has caused loss of life through wrongful conduct but where there was no intention to kill”…Wikipedia
When Peter Nwachukwu, husband of the late gospel singer, Osinachi Nwachukwu, was arrested and arraigned for causing her death in a case of culpable homicide and domestic violence on June 3, 2022, little did he know that he was on his way to the gallows.
Nwachukwu was charged with culpable homicide under sections 104 and 379 of the Administration of Criminal Justice Act, 2015, an offence contrary to section 221 of the Penal Code and punishable with death.
The prosecution had alleged that the famous singer died as a result of prolonged assault by him. The court heard how she was forcefully ejected from her matrimonial home by her husband, contrary to the Violence Against Persons, VAP (Prohibition) Act, 2015. It was further alleged that the defendant, Nwachukwu, had at a time, forcefully pushed his late wife out of a moving vehicle.
Federal prosecutors said the defendant deprived the deceased of her personal liberty by restraining her movement and locking her up in the house.
They accused him of subjecting her to emotional, verbal and psychological abuse, contrary to section 14(1) of the VAP Act, 2015.
The prosecution held that the defendant denied Osinachi access to her own money for medications and household necessities, and thereby forced her into begging and borrowing.
They further alleged that Osinachi’s husband forcefully isolated and separated her from her family by preventing her mother and siblings from visiting her matrimonial home.
Nwachukwu was further charged for cruelty; beating his children, recording their cries for help and playing them on his phone. He was said to have through threats, prevented them from reporting the acts of domestic violence against their mother to family, friends or the authorities.
The charge marked CR/199/2022, was entered before the court by the Head, Sexual and Gender-Based Violence, Department of Public Prosecutions of the Federation, Ministry of Justice, Mrs Yewande Gbola-Awopetun.
Nwachukwu in his response pleaded not guilty, and asked that the charges be dismissed on the grounds that the totality of evidence adduced did not establish a prima-facie case against him.
But the court ruled against him and dismissed his no-case-submission, and yesterday the verdict came back as guilty!
Justice Njideka Nwosu-Iheme of the High Court of the Federal Capital Territory, Wuse Zone 2, Abuja, who tried the case sentenced him to death by hanging, having found him guilty of culpable homicide.
Nwachukwu was arraigned on a 23-count charge of culpable homicide punishable with death, criminal intimidation, cruelty to children, criminal intimidation of children, spousal battery, among others.
In the course of trial, the prosecution called 17 witnesses, including two children of the late Osinachi, who testified as fourth prosecution and fifth prosecution witnesses, PW4 and PW5 respectively, while it tendered 25 documents as exhibits before the court.
The defendant testified for the defence and further called four other witnesses and tendered four exhibits in his defence.
Shortly before the sentencing, counsel for Nwachukwu, Reginald Nwali, pleaded with the court to be lenient in its judgment, while the prosecuting counsel, Mrs Aderonke Imala, urged the court to give force to the law as stipulated.
Justice Nwosu-Iheme subsequently sentenced Nwachukwu to death by hanging on Count 1, while he was sentenced to two years imprisonment each on Counts 2, 3, 8,9, 12, 13, and 18.
The court sentenced the defendant to six months imprisonment on Count 10, three years imprisonment on Count 11, while he was fined the sum of N500,000 and N200,000 respectively on Counts 6 and 7, respectively.
It will be recalled that Osinachi, the Ekwueme crooner, whose death caused a huge uproar in the country and elsewhere, was buried on June 25, 2022, at her hometown Isiochi Umunneochi in Abia State.