The appellant was charged at the High Court with the murder of one Wilfred Ned George on 6th August 1983 at George –Ama, Okrika in Rivers State.

The Prosecution’s case was that on 6th August, 1983, the day of the election for the President of Nigeria, the appellant was one of the Police men posted to George Ama to maintain law and order. The deceased was a Presiding Officer at George Ama. At the end of the voting, the deceased together with others concerned with the officiating at the various voting stations, including the appellant and other policemen went to the George – Ama waterside to join a boat to convey them and their voting materials to Okrika mainland. It was when they were thus awaiting the arrival of the boat that the appellant pointed his gun at the people waiting as described above. The deceased and others waiting objected to the appellant thus pointing the gun at them. Shortly the appellant, at a very close range of about 3-4 years, aimed the gun and pulled the trigger. The smoke (tear gas) grenade hit the deceased who fell down at the spot. The deceased was fatally wounded and when he was carried to the hospital he died.

The appellant gave evidence but called no witnesses. His defence was that the villagers at Waterside where the team was to take a boat to Okrika were shouting at them for not allowing them to rig the election, and that they would not be allowed to go to Okrika. They then set on him and were beating him. At that time another policemen by name Martin Besong had not reached the Waterside (meaning he was not present to witness the occurrence). The appellant said he was knocked down and the deceased was appealing to the crowd to leave him. It was when he was on the ground struggling to get up that the smoke cartridge he had slotted into the gun accidentally went off and hit the deceased. There was one other Corporal whose name he never gave, who was also beaten and ran to the house of P W 8 with him after the gun went off and he was with this Corporal up to the next morning when an Assistant Superintendent of Police came to take them away. The appellant mentioned one Besong as being present at the scene but Besong said he was not at the scene. The P W 8 in his evidenced, which was not impeached, said the appellant and two policemen ran to take refuge in his house but that he saw no injury on any of them. The trial court believed the evidence of the prosecution and disbelieved that of the appellant. He convicted the appellant of murder and sentenced him to death. The appellant appealed to the court where he contended that the failure of the prosecution to call Besong as a witness was fatal to the prosecution’s case. The Court of Appeal rejected he contention, dismissed the appeal and affirmed the decision the High Court. The appellant further appealed to the Supreme Court.

The appellant raised the defences of provocation, accident and self defence and these were canvassed in his appeal at the Supreme Court and also the failure of the prosecution to call Besong as a witness which he again contended was fatal to the prosecution’s case.