Accused persons (24 of them) were charged for conspiracy, abduction and culpable homicide contrary to Section 97, 272 and 221 of the Penal Code respectively but only 22 were in court as others were at large.

It was argued by the prosecution that the 24 were members of the Workers Union and members of staff of the Ahmadu Bello University Teaching Hospital (ABUTH) who had agreed to abduct the deceased, Pro A. B. Bandipo then the Chief Medical Director of ABUTH.

On 30/10/95, they assaulted the deceased and held him hostage insisting on the payment of their allowances. Following this, the police succeeded in rescuing the deceased whereupon he as rushed to a private hospital for treatment.

His relatives then came in and moved him to another hospital for safety reasons and it was from that hospital that he died.

It was held that the CMD’s death was not caused by the beatings received and convicted the appellants for the offences of conspiracy, abduction and culpable homicide under the Penal Code.

The court did not sentence them for the offence of conspiracy and abduction as it said it would amount to double punishment, but imposed a sentence of death by hanging for culpable homicide under Section 221 of the Penal Code.

Aggrieved with their conviction and sentence the appellants appealed to the Court of Appeal.