On 13th October, 1978, the victim of the robbery. Ishola Adisa Smith (P.W.3) was around Maryland about to negotiate a bend into Oworonshoki so as to go to his house at Amuwo Odofin. He was driving his saloon car of Datsun 180K make, registration number LAD 62 A. It was around 10 p.m. In front of him, virtually blocking his path, was a minibus, popularly known in Lagos as Danfo. Some men got out of the Danfo and forced open his car's door on his side and forced him with nozzle of a pistol threateningly on him into the back seal. Two of the men broke the rear windscreen to gain entry into the rear seats and forced down the P.W.3. One of the men, who held the gun and was half masked, drove the vehicle followed by the Danfo. He later identified this man as Romanus John the 5th appellant. He also recognised Geraldo Aliou (3rd appellant). Eze Okafor (4th appellant) and Romanus John as among those that first stopped him and held him captive in his own car. At Oworonshoki the vehicle stopped and he then knew that the Danfo was driven behind him. Then another Danfo surfaced into which he was shuffled. He saw knives, a small axe and an iron rod in the Danfo. Meanwhile his own car was driven towards Badagry road. In the Danfo, he fell strong smell of smoke like that of Indian hemp. He remained with four men in the Danfo that was now at Oworonshoki. He appealed to the men to release him since they had taken away his car. A police patrol came passing by and to prevent him from raising alarm, the men pushed him down. The men later engaged him in discussion about affluent people with cars etc. He clearly recognised the 3rd, 4th and 5th appellants. They remained in that place and by about 0430 hours, they looked worried that their colleagues had not come to them as planned. He was finally thrown out of the minibus (Danfo) after they took his wristwatch. He walked into Ikorodu Road and a motorist who pitied him gave him N5.00 with which he caught a taxi to the police station where he lodged his report. Six persons first attacked him at Onigbongbo where his car was snatched. He was able to identify 3rd, 4th and 5th appellants among those that snatched his car because when they forcibly entered into the car, the courtesy light was on and he was able to see their faces. He was able to identify these three appellants out of fifteen men at the Badagry Police Station.

The appellants were convicted of the offences of conspiracy to commit robbery and robbery under sections 1 (1) and 3A(b) of the Robbery and Firearms (Special Provisions) Decree, 1970 and sentenced to twenty-one years imprisonment.

Appellants' appeal to the Court of Appeal was dismissed and the appellants further appealed to the Supreme Court.