The appellant and the deceased – one Victoria Ojo – had been living together at Benin as lovers since 1987 before the deceased died about 5th December, 1993. On her death, appellant was arraigned before the High Court holding at Benin City and charged with the murder of the deceased. At the trial the prosecution fielded four witnesses and only the appellant testified on his own behalf. At the conclusion of the trial, the trial Judge found the appellant guilty as charged and sentenced him to death.

The appellant was dissatisfied with the sentence and conviction and appealed to the Court of Appeal, which in resolving.