The appellant was tried at the Sapele Judicial Division of the High Court of Bendel state on a charge which alleged that he had murdered one Johnson Uduenye (m) at Sapele, on or about the 3rd day of November, 1975.

The prosecution had earlier on obtained leave of the court of trial to prefer the above charge and had served on appellant a copy of the proposed indictment as well as a list of intended witnesses and the proof of evidence of each witness.

At the hearing, six witnesses testified for the prosecution, while the appellant gave evidence in his own defence, but called no witnesses.

The court, after evaluating the entire evidence, found the charge proved, convicted the appellant and sentenced him to death.

Being aggrieved by the above decision, the appellant appealed unsuccessfully to the Court of Appeal, and now to this Court.