On the evening of 12th December, 1993, between the hours of 7.30pm – 8pm at Obehira in Okene Local Government Area of Kogi State the 1st and the 2nd accused after raising an alarm of “thief! Thief!” against one Anda Ali, now deceased, the latter ran into the compound of James Averehi (PW1) and hid himself in a room and locked the door. The 1st and 2nd accused pursued Anda Ali into the compound of James Averehi, broke the door open of the room he was hiding and dragged him out. After giving Anda Ali a beating with a horse whip, James Averehi and his wife pleaded with them to leave the deceased. They both ignored the plea. The accused pinned down their victim to the ground and the 1st accused holding a local made pistol shot the deceased in the neck resulting in his instantaneous death on the spot. After committing the offence, the 1st and 2nd accused ran away. Mr. James Averehi reported the incident to the police on the same day. The two accused persons were later arrested, interrogated and charged to court.

They were found guilty of offence of culpable homicide punishable with death by causing the death of the deceased, Anda Ali, by the High Court of Justice of Kogi State, holden at Lokoja and were accordingly sentenced to death.

Their conviction and sentence were affirmed by the Court of Appeal, Abuja Division.

The 2nd convict further appealed to the Supreme Court.