The salient facts giving rise to this case as contained in the printed record of appeal are that on the night of 11th March, 1994, at about 1:00 a.m., a gang of men armed with knives and cutlasses invaded Elekuro Village near Wasimi Railway Station. Among the houses they entered were those of PWs 1 and 2. They were demanding for money from PWs 1 and 2 who received severe beatings from the gang when they (PWs 1 and 2) said they had no money in their houses. Eventually, PWs 1 and 2 each managed to find N100.00k (one hundred Naira) to give to the armed gang. PW1 was wounded during the beating with attack. His Suzuki Motor Cycle with Registration No. OG 7842 DA was taken away by the gang.

When the news of the presence of the armed gang became known to some fellow villagers they came out and the robbers fled. The villagers gave a chase during which the accused/Appellant was caught and arrested by PW3 who was a night guard on duty at the Universal Trust Bank which was situate in the vicinity. On arrest, the accused was found to be carrying a cutlass and a butcher's knife which were recovered from him. He was then handed over to PW4 who was on duty at Wasimi Police Post in the night in question. Handed over to PW4 also were the cutlass and the butcher's knife recovered from the accused person. Discovered also from the scene of the crime was the Suzuki motor cycle which was earlier in that night stolen from the house of PW1. Two damaged wall clocks hidden in that bush were also recovered. The Accused/Appellant made a confessional statement to PW5 which was tendered in evidence and marked as Exhibit 'A'.

The Appellant was found guilty as charged by the learned trial Judge and appropriate sentences were imposed, including death sentence.

The Appellant’s Appeal was dismissed. Still dissatisfied, the Appellant appealed to the Supreme Court.