The appellant herein was initially charged along with four others before the High Court of Kaduna State sitting at Kaduna on a two-count charge of conspiracy to commit armed robbery, armed robbery and receiving stolen property under Sections 6 (b), 1 (2) (a) and 5 of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation of Nigeria 2004. The appellant was charged with the counts for conspiracy to commit armed robbery and armed robbery only, to which he pleaded not guilty. The prosecution opened its case on 23rd January 2007 and called four witnesses. Subsequently the prosecution filed a motion for leave to amend the charge. The application was granted on 6th March 2007.

After the amendment of the charge the trial continued without the appellant's plea being taken afresh. At the conclusion of the trial, the appellant was found guilty as charged and sentenced to death by hanging.

The appellant was dissatisfied with the decision of the trial Court and appealed to the Court of Appeal, Kaduna Division. The appellant formulated two issues for determination before the Court of Appeal. The first issue challenged the validity of the proceedings before the trial Court having regard to the failure of the learned trial Judge to take a fresh plea after the amendment of the charge. The second issue, questioned the evaluation of evidence. In its judgment delivered on 28/3/2013, the Court resolved the first issue in the appellant's favour and held that the entire proceedings amounted to a nullity for the Court’s failure to take the appellant's plea on the amended charge. On that basis it declined to consider issue 2 and ordered that the case be remitted to the High Court of Kaduna State for retrial before another Judge of that Court. The appellant was dissatisfied with the order for a retrial and further appealed to the Supreme Court.