On 16th December, 1975 both the appellant and the deceased took part in a football match after which there was hot argument between them. The appellant returned to his room at Front Line Hotel, Obudu. Not long afterwards the deceased went to the hotel and met the appellant in the room. A fight ensued be-tween them in the room. The fight, according to the appellant, lasted about ten minutes. The time was about 7 p.m. P.W.2, James Akpagu was an eye-witness to the fight He said in evidence that he had gone to the "generator room" of the hotel to switch on the hotel electric plant when he heard some noise coming from the appellant's room. He went to the room and found the deceased and appellant fighting. He attempted separating the fight but in vain. One Godwin Uka came to the room and with his assistance the fight was stopped and the deceased was pushed out of the room. The appellant then got hold of a stick to chase the deceased. P.W.2 tried to stop the appellant, but the appellant shouted at him saying at him saying “let me alone to pursue him". The appellant then went after the deceased P.W.2 me out of the Frontline Hotel but could not see the appellant. He, on information received, ran to Port Harcourt Street where he found the deceased lying on the ground. The deceased called on him for help and asked the witness to get his (deceased's) father to the scene. Meanwhile one Justina Azikpu, P.W.5 who had seen the deceased on the ground requested Timothy Agida. P.W.4. to take the deceased to the hospital. P.W.4 picked the deceased on his motor cycle and took him to the police station instead. The police then took the deceased to the Sacred Heart Hospital, Obudu, where the latter was admitted by a doctor for observation.

On examination, the doctor reported that the deceased had suffered from a heavy blow. This report was tendered. On cross examination the doctor testified that the injuries sustained by the deceased could have been caused by falling against a heavy object.

The prosecution did not lead any evidence as to the type or size of the stick which the appellant picked up when he pursued the deceased.

The appellant was convicted by the trial court. The Federal Court of appeal affirmed that decision.

The appellant appealed to the Supreme Court, contending that the prosecution had not proved its case against him.