The 1st and 2nd Appellants were two of three persons accused of the murder of one Nathaniel Amu, second son of Chief Alfred Amu whose first son, Augustine Amu now deceased owned a piggery where both 1st and 2nd Appellants worked.

On the 7th day of March, 1989 Chief Alfred Amu, requested Mr. Doherty Sunny Osifo (P.W.2), an agricultural expert and a Government employee, to go to his late son's farm to assess its state with a view to advising on what steps he deemed expedient for the well being of the pigs on the farm. Nathaniel Amu, deceased following the agreement reached between his father and Mr. Osifo accompanied the later to the piggery. Upon their arrival they were subjected to a sudden attack by a mob resulting from the refusal by the 1st and 2nd Appellants to open the farm gate of the piggery. As they were being beaten up, he (i.e. PW2), said he ran away to seek for help. Upon his flight, from the scene and after raising an alarm to the effect that 2nd PW was a thief, a crowd which had been attracted apprehended and beat him. The beating persisted until he was able to identify himself with the aid of his complimentary card he carried on him. It was next stated that the deceased lay there in a pool of blood outside the farm gate from where he was rushed first to the Police Station and later to the hospital. The deceased who was eventually said to have been discharged developed a swollen body and subsequently died.

The 2nd Appellant's account in his defence was that he was not at the scene of crime at all but was only attracted there by an alarm raised by people in the vicinity following the presence of thieves in the neighborhood of the piggery.

The 1st and 2nd Appellants were the 1st and 2nd of three persons jointly arraigned before the High Court of Benin Judicial Division of Edo State holden at Benin City (per Joan Aiwerioghene, J.) on an information of murder punishable under Section 319(1) of the Criminal Code, Cap. 48, Vol. 11, Laws of the defunct Bendel State of Nigeria, 1976. At the end of the case for the prosecution wherein seven witnesses in all were called, the Island 2nd Appellants, after their respective defences, were both convicted of the lesser offence of manslaughter and were each sentenced to seven (7) years imprisonment.

Being dissatisfied with the said decision of the High Court, the Appellants appealed to the Court of Appeal sitting in Benin City which dismissed their appeal and affirmed the decision of the High Court. They have both further appealed.