The substance of the case as presented by the prosecution is that following incessant raids and/or attacks the Oke Alafia Quarters of Ijebu-lgbo was subjected to by armed robbers, the residents set up an organised night-watch service by themselves over the area. This night-watch service was commonly referred to by the people as “vigilante” duty. The purpose was to check and to ward off the said menace of armed robbers. The night guards were usually armed with cutlasses, sticks, whips, protective juju and torchlights. They were under strict injunction never to carry guns. They were also under strict directive to bring any suspects caught or arrested to the elders who in turn would hand over them to the Police. In the night of the 22nd day of September 1993, PW2 Lateef Osineye, PW3 Kabiru Karimu together with many other members of the vigilante group were on night patrol duty at Oke Mafia Quarters of Ijebu-lgbo. The team carried out their night-watch patrol operation in different groups. None of them on duty that night was armed with a gun.

At about mid-night, precisely at 12.30 a.m. of the 23rd September 1993, one of the vigilante groups at the northern side of Oke Mafia Quarters comprising of six men and in which PW2 served sighted a group of armed robbers from where they laid ambush. In this group of thieves, was the 1st appellant, Asimiyu Olanrewaju Alarape. The 1st appellant was identified from the security light in front of the house near where this group of night guards laid ambush. This group of night guards on sighting the robbers raised an alarm, shouting “thieves” “thieves". As a result, the thieves which comprised about 7 persons tried to escape and ran in different directions but were hotly pursued. PW2, in particular, with his group pursued one of the said robbers. The other groups of the night guards raced towards the direction the alarm came from. These included the group manned inter alia by PW3 Kabiru Karimu, the deceased Satiriyu Osineye and others. This particular group were watching the southern end of Oke Mafia Quarters. Pw3 and the deceased led their group in the chase although the deceased ran ahead of PW3 by some two metres. The next that was heard was a gun\shot from the direction they were running to. The deceased had been shot on his chest and he instantly fell down and died on the spot. The other group then ran to the scene where the deceased was shot down and, observing that the robbers had killed him, proceeded to the house of PWI, the Ward Head of Oke-Alafia Area to report the incident. A report of the murder was later made to the Police that night. The Police visited the scene of crime and observed the gun shot injuries to the chest and ribs of the deceased. His corpse was taken to the Ijebu Igbo mortuary where the Doctor performed post mortem examination on the body.

The learned trial Judge, Ogunade, J. after an exhaustive review of the evidence on the 30th day of July, 1997 found all four appellants guilty of the murder of the deceased and accordingly sentenced them to death as prescribed by law. Their appeal to the Court of Appeal was dismissed. They have further appealed to the Supreme Court.