The appellant along with two other co accused persons were arraigned before the High Court of Justice Ondo State (Coram F. O. Aguda Taiwo J) (the trial Court) on 26th February, 2007 and tried on two count charge of conspiracy contrary to and punishable under Section 516 of Criminal Code Cap 30, Volume II of the Laws of Ondo State of Nigeria and the offence of murder, contrary to and punishable under Section 319 (1) of Criminal Code, Cap 30, Volume II of Laws of Ondo State of Nigeria.

The particulars of the second count are that the appellant on or about the 5th of June, 2003 at Sejire Campina Ore, did conspire with the other co accused to commit felony, to wit, murder. The particulars of the second offence are that the three accused persons (the appellant included) on or about the 5th day of June 2003 at Asejin Campina Ore murdered one Silifatu Rahman. Before the conclusion of the trial, the 3rd accused Ayo Omoduyilemi was released on bail on ill health ground and he later died. The charges were therefore struck out against him, hence the trial continued with the appellant and his other co accused Omojola Akinlolu.

Initially when the two count/charges were read to the then three accused persons, all of them pleaded not guilty to the two charges when they were read and explained to them in English Language but duly translated to them in Yoruba Language by the Registrar of the trial Court. The trial thereupon commenced in earnest on 26/2/2007. The prosecution, in order to prove the allegations against them, called four witnesses and closed its case. On their part, both the appellant and his co accused testified for their own defence as Dws 1 & 2 respectively, without calling any witness. It is apt to state here, that the release of the 3rd accused person was sequel to the recommendation for his unconditional release by the Committee on the Administration of Criminal Justice of Ondo State headed by the Chief Justice of Ondo State who is its chairman, due to the ill health of the 3rd Accused person.

At the end of the trial, the learned trial Judge in a considered Judgment delivered on 7th day of August, 2010 found the appellant guilty of conspiracy and murder and convicted and sentenced him to death.

Aggrieved by his conviction and sentence by the trial Court, the appellant lodged an appeal to the Court of Appeal, Akure division (the lower Court or Court below) which dismissed his appeal and affirmed the Judgment of the trial Court, vide its Judgment delivered on 7th day of August 2014. Further aggrieved by the Judgment of the lower Court, the appellant appealed to this Court