On 17th February 1981, the appellants travelled in a Mini Bus Regd. No. OD. 1625 F from iragbiji towards Ilesha. They were stopped at a police road block in a place known as Oke Ayepe Police Road Block on the Oshogbo-Ilesha Road and accosted by the police. The policeman at the post include Inspector Jacob Adeyemi Olufemi, who gave evidence as 2nd prosecution witness, and the deceased. As a result of a search, conducted by the deceased, it was discovered that the vehicle contained a stolen goat. Meanwhile, the engine of the bus was kept running. 2nd appellant was at the wheel, but he was not the actual driver of the bus. The deceased was still in the vehicle when 2nd appellant pressed the accelerator and speed off. The deceased shouted words to the effect that he should be allowed to come down from the vehicle and also that he should not be pushed off. The appellants sped off, or rather, 2nd appellant at the wheel speed off. There was a chase which ended in futility. But after negotiating a bend, not too far from the check point, the pursuing policemen found the deceased lying by the side of the road, with a broken skull and his broken rifle by his side. The deceased was conveyed to the State Hospital, Oshogbo, where he died after a week. The doctor put cause of death as fracture of the base of the skull.

The learned trial Judge took evidence and found, without any problem, that the 2nd appellant drove the vehicle and sped off with the deceased while shouting those words. He then considered issue of law arising and examined the act of the appellants as to whether they amounted to one of such a nature as to be likely to endanger human life.

He found the appellants guilty of murder and convicted and sentenced them accordingly. The appellants appealed to the Court of Appeal.

The Court of appeal held that the appellants' decision to escape from lawful arrest was the consequence of the prosecution of common purpose to murder the deceased.

They further appealed to the Supreme Court.