The Appellant and one other were arraigned on the 19th of April, 1990 at the High Court of Abuja, Federal Capital Territory, on a one Count charge of culpable homicide punishable with death under Section 221 of the Penal Code for causing the death of his father, Noshude Atanda Arogundade.

The prosecution, in attempt at proving the charge called six witnesses and tendered inter alia. Exhibits D and E which were extra judicial confessional statements of the accused persons. At the end of the prosecution's case, the defence called no witness but rested their case on that of the prosecution.

It is the case of the prosecution that on the 30th day of November, 1989 at about 10pm the police intercepted a wireless signal that armed robbers were attacking a home at block 334, flat 2, Zone 6, Wuse and consequently proceeded thereto. At the scene, the police saw the Appellant who is the son of the deceased on the ground screaming. The Appellant confirmed the story of the alleged armed robbery attack which allegedly resulted in the death of his father. The police noticed that the house was not broken into and therefore arrested the Appellant and later the 2nd accused person who made confessional statements to the police which statements though admitted at the trial were expunged from the record by the lower Court. The Appellant and the 2nd accused were however convicted and sentenced to death on the strength of the confessional statements. Exhibits D and E. Apart from the confessional statements, there is also the testimony of PW5 which is an oral confession of the Appellant of the offence charged to PW5.

Dissatisfied with the decisions of the trial Court, the Appellant and the 2nd accused person appealed to the Court of Appeal. The Court of Appeal expunged Exhibits D and E from the record but affirmed the conviction and sentence of the Appellant and the 2nd accused person based on the evidence of PW5.

Further dissatisfied the Appellant appealed to the Supreme Court.