On the 31st day of March, 1996, the "Ebe" Festival was held at Okene town. The Festival involved two rival masquerades of Avokuta and Arijenu. The festivities ended at 7.30am on that day. Both masquerades enjoyed rival supporters. At the termination of the festival, the supporters of Avokuta masquerade were escorting them out of the venue at Idogida quarters, when the Arijenu rival supporters pursued them and attacked them with guns. The Appellate was identified by the prosecution witnesses as the one who was leading the attackers and was seen when he shot the deceased on the head. The deceased was later taken to the hospital where he died three days later. Out of the six prosecution witnesses five of them claimed to have seen the Appellant firing his gun at and hitting the deceased on his head.

The Appellant denied shooting deceased and claimed that he left the venue of the festival earlier and took a different route to his compound.

No description of the injury if any, suffered by the deceased when he was shot or of the condition in which he was taken to the hospital was tendered.

The trial Judge rejected the defence of Alibi put forward by Appellant. He found the appellant guilty of the offence of culpable homicide punishable with death.

Appellant appealed to the Court of Appeal. The appeal was dismissed. He further appealed to the Supreme Court.