The evidence clearly before the trial court is that the deceased was attacked by the accused persons by kicking in the belly and all over her body.

Unknown to the accused persons and the mother of the deceased, P.W.I. the deceased was carrying a partial abortion. As a result of the severe beatings and kicking she sustained bruises and thereafter lapsed into unconsciousness. She came round several hours later at a private clinic but to lapsed into a state of unconsciousness again. She was transferred to State hospital where she died without regaining consciousness. Her blood count was aggravated by shock explained this to mean that her precarious condition was aggravated by shock brought about by the several beatings and kickings in the tommy.

Dissatisfied with their conviction by the trial court, the accused persons appealed to the Court of Appeal. The Court of Appeal found that the offence committed did not amount to murder and reduced the offence to ma slaughter and sentenced the two accused persons to 5 years imprisonment each. The appellant was dissatisfied with the decision of the Court of Appeal, and he appealed to the Supreme Court.