On 2nd December 1994, the appellant and nine others charged for conspiracy and murder before the chief magistrate’s Court Onitsha. The Learned Chief magistrate Grade 1, Mrs. A.N. Brown ordered that the accused persons be remanded in prison custody. An application for bail was filed before the High Court of Justice. Onitsha. The learned Judge refused the application mainly on the ground that the offence allegedly committed is murder.

Dissatisfied with the refusal of the application, the appealed to the Court of Appeal.