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Just In: Court Steps Down Osinachi Husband’s Case
The alleged culpable homicide suit against Peter Nwachukwu, husband of the late gospel singer, Osinachi in a Federal Capital Territory High Court on Monday, was stepped down in order for his lawyers to align themselves to represent him.
When the matter slated for hearing before Justice Njideka Nwosu-Iheme came up, the Prosecution Counsel, Aderonke Imana, informed the court that the matter was for hearing and that they were ready to proceed.
A. Ogbonna also announced his appearance as watching briefs of the nominal complainant.
The counsel that represented the defendant during his arraignment, Victor Abakpa, however, prayed the court to adjourn the matter until Tuesday, as another lawyer from a different chamber just informed that he was taking over the case.
He further stated that he was equally served additional proof of evidence in the court just before the court started the day’s proceedings.
I.A Aliyu on his part informed the court that he was briefed by the defendant on June 18 to take over the case.
The court, therefore, stepped down the case to 11 am in order for counsel to align themselves and come properly before it.
News Agency of Nigeria (NAN), reports that in Monday’s proceeding, family members of the deceased singer, Osinachi were in court.
Prominent among the family members were her two children, mother, and twin sister.
The matter which was adjourned until June 16, could not go on due to the absence of the judge.
The defendant was earlier arraigned on June 3 and was remanded in Kuje Correctional Centre after he pleaded not guilty to the alleged homicide charge filed against him by the Attorney-General of the Federation.
Nwachukwu was therefore remanded pending the hearing and determination of the 23-count charge bordering on domestic violence and homicide instituted against him.
He was arrested by the Nigeria Police after his wife died on April 8 following widespread allegations by their children, family and colleagues that he battered her leading to her death.
According to the charge, the crime Nwachukwu allegedly committed contravenes Sections 104 and 379 of the Administration of Criminal Justice Act, (ACJA) 2015, Section 221 of the Penal Code and the Violence Against Persons Prohibition Act (VAPP) 2015.
The charge partly read: “That you Peter Nwachukwu, 56, male, on the April 8 at Aco Estate, opposite Police Station, Lugbe, Abuja, FCT, within the jurisdiction of this court, did commit an offence to with: culpable homicide punishable with death in that you caused the death of Osinachi.
“This was caused by your various acts of violence and aggravated assault with the knowledge that her death would be the probable consequence of your act.
“Particulars of offence: That you, Peter Nwachukwu, male, sometime between Nov. 14, 2009, and April 2022 at Aco Estate, opposite Police Station, Lugbe, Abuja, FCT, within the jurisdiction of this court, did commit an offence to wit: emotional, verbal and psychological abuse on Mrs Osinachi Nwachukwu (deceased).
“This was caused by humiliating her and making utterances like ‘you are smelling,’ ‘you are mad,’ to her in the presence of her music crew members.”
The statement of offence bordered on emotional, verbal, and psychological abuse contrary to Section 14(1) of the Violence Against Persons (Prohibition) Act, 2015 and punishable under the same section of the Act.
The late Osinachi was popularly known for her song “Ekwueme”.
Breaking News
Ex-Senator Iyabo Obasanjo Joins All Progressives Congress
Prof. Iyabo Obasanjo, daughter of former President Olusegun Obasanjo, has reportedly registered as a member of the All Progressives Congress in Ogun State, according to a former chairman of Abeokuta South Local Government.
It was gathered that the former senator of Ogun Central completed her e-registration on Tuesday at Ibogun, Ward 11, Ifo Local Government Area of the state.
Confirming the development on Wednesday, Biodun Ajayi, former Chairman of Abeokuta South Local Government and a close ally of Prof. Obasanjo, told Vanguard that the registration was successfully concluded.
Ajayi, who currently serves as a Commissioner with the State Universal Basic Education Board, SUBEB, said: “I can confirm to you that Prof. Iyabo Obasanjo completed her online registration as a member of our great party, the APC, on Tuesday at Ibogun Ward 11 in Ifo Local Government.”
Breaking News
BREAKING: Supreme Court Upholds Acquittal Of Hamza Al-Mustapha In Kudirat Abiola Murder Case
A five-man panel of the Supreme Court, headed by Justice Uwani Aba-Aji has dismissed the trial of Major Hamza Al-Mustapha (rtd) concerning the murder of Alhaja Kudirat Abiola.
Kudirat Abiola was the wife of the late businessman cum politician, Chief MKO Abiola, the presumed winner of the June 12, 1993 Presidential Election that was annulled by former President Ibrahim Babangida.
Mrs Kudirat Abiola was, however, murdered in Lagos in the nationwide crisis that followed the annulment and in the course of her persistent struggle to get the annulment reversed by the military.
The trial of Al-Mustapha on the murder charges brought against him by the Lagos State government was, however, put to rest on Thursday by a 5-man panel of Justices of the Supreme Court headed by Justice Uwani Aba-Aji.
At the proceedings where the Lagos State was slated to re-open the trial, no legal representation was made while no process was filed since 2014 when order to re-open the case was granted in favour of the state government.
When the matter was called, Paul Daudu, a Senior Advocate of Nigeria stood for Al-Mustapha and informed the Justices that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.
He said that not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to prosecute the trial.
The senior lawyer informed the Apex Court that in 2014 when order to re-open the trial was granted, Lagos was issued a 30 day ultimatum to file its notice of appeal.
Daudu explained that more than nine years after, nothing was done to comply with the order.
He therefore urged the Court to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Uwani Aba-Aji, who presided over the matter sought to know if Lagos was served with hearing notice, the question that was answered in the affirmative by the Registrar of the Court.
In a brief ruling, the Supreme Court in a unanimous decision agreed that Lagos has lost interest in the matter and consequently abandoned it.
Justice Aba-Aji held that nine years was long enough for the appellant to have filed notice of appeal and the appeal in the matter.
Besides, the Court expressed disgust that no legal representation was made by the state government while no information was made available to the Court and the respondent.
Consequently, the matter marked SC/CR/45/2014 was dismissed.
Another matter by the Lagos governor marked SC/CR/6/2014 was also dismissed on the same ground.
The Supreme Court had in 2014 in a brief ruling on the application by Lagos State for permission to re-open the case out of time, granted the request for the Lagos to challenge the Court of Appeal decision of July 12, 2013 that discharged and acquitted Al-Mustapha from the murder case.
The then Acting Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen in the ruling of a panel of seven Justices ordered Lagos State to file its notice of appeal within 30 days.
The decision of Justice Onnoghen on the Lagos application argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice followed the consent of Al-Mustapha’s lawyer, Mr. Joseph Dauda SAN, not to oppose the application.
The acting CJN had said that by the decision of the apex court, the time for Lagos to appeal against the findings of the Court of Appeal on the celebrated murder case has been extended from July 12, 2013 when the Court of Appeal judgment was delivered till January 7, 2014.
By the granted permission in 2014, the coast became cleared for the Lagos to challenge the no guilty verdict granted in favour of the military officer by the Court of Appeal in 2013
In the then move to re-open the case, the Lagos State government had sought to file a notice of appeal out of the time at the Supreme Court asking for the permission of the court to allow it to challenge the Appeal Court findings of Justices Amina Adamu Augie, Rita Nosakhare Pemu and Fatimo Omoro Akinbami on ground of mis-carriage of Justice in the matter.
The state had in the application prayed the apex court to allow it to exercise its constitutional right to test the validity and correctness of the decision of the Appeal Court.
It claimed that it wants to raise its ground of appeal on arguable legal and factual issues especially the question of whether there is any direct or circumstantial evidence establishing the guilt passed on Al-Mustapha in the murder case.
It justified its lateness in filing the appeal on the ground that it set up two legal teams to review the circumstances of the case and the verdict of the Court of Appeal.
The government said that it took a long time for the two legal teams to present their findings and recommended that an appeal case can be filed and sustained.
The Lagos State Government said that it will ask the Supreme Court to set aside the judgment of the Court of Appeal which on July 12, 2013 discharged and acquitted Major Hamza Al-Mustapha, in the murder case of late Alhaja Kudirat Abiola.
In place of the Appeal Court decision, the state government said that it will plead with the apex court to uphold and restore the death sentence by hanging placed on the former Chief Security Officer (CSO) to the former dictator and late Head of State, General Sani Abacha by a Lagos High Court on January 30, 2012.
Al-Mustapha, Mohammed Abacha and one Lateef Shofolahan were arraigned before a Lagos high court on two-count criminal charge of conspiracy to commit murder and the murder of the late Alhaja Kudirat Abiola on June 4, 1996 in Lagos State.
In the judgment of the high court delivered on January 30, 2012 by Justice Moji Dada, the accused persons were found culpable as charged and sentenced them to death by hanging.
However at the Court of Appeal approached by Al-Mustapha on April 27, 2012 for the review of the trial and the conviction, the 3-member appellate court Justices in a unanimous judgment of July 12, 2013 voided the decision of the high court, set it aside and discharged and acquitted the accused on the ground that the evidence against them was not strong enough to warrant the death sentence.
Breaking News
Rivers Assembly: Minority Leader, Three Others Rejoin Impeachment Push Against Fubara
Four members of the Rivers State House of Assembly have reversed their earlier position and renewed their backing for the impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Odu.
The lawmakers announced their decision at a press conference held on Friday in Port Harcourt, the state capital, where they declared continued support for the impeachment process initiated by the assembly.
They accused the governor of failing to show remorse over the allegations levelled against him, insisting that their renewed stance was based on concerns over his conduct and response to the issues raised.
The legislators said their decision to recommit to the process followed further consultations and a review of developments surrounding the impeachment move.
Details of the impeachment process and the specific allegations against the governor were not disclosed at the briefing, as the lawmakers said further information would be made public in due course.
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