The appellant was charged with the offence of murder. The appellant was accused that in the early hours of 30th October, 1986, he in company of two other persons in an attempt to rob one Solomon Oluyemi Akinlawon, P.W. 1, jumped into his house from the neighbouring premises. After jumping into the house of P.W.I they climbed into the 1st floor where he was living together with his family. The deceased, Aliu Mohammed, who was the night guard of P.W.I and on duty at the time, chased the appellant and his gang. He was then carrying his stick when the appellant and his gang noticed that the deceased was pursuing them. They broke and attacked the deceased causing him fatal injuries on the head and body.

The appellant and his gang escaped by jumping over the wall fence. Meanwhile both P.W. 1 and others shouted for help and neighbours came as so did the police who later arrived and took the injured night guard to the UCH, Ibadan where he later died.

Appellant's claimed he was returning from his wife's food shop at Agbowo when he was accosted by P.W.3 and his companion. They arrested him, beat him up and tied his On the same day at about 9 p.m. the appellant was passing through the same area when he was accosted by P.W.3 and his co-night guard who subsequently arrested him.two hands and two legs. It was at that stage that the police highway patrol team arrived at the scene and rescued him and took him to the Police Station, Ibadan.

He was charged with wandering. While the appellant was in the cell with other inmates at about 10a.m. on 31st October, 1986, the desk police sergeant asked who was the person arrested at Bodija the previous day. The appellant responded by standing up and immediately thereafter the people around began to shout that he was the one., Among those around were P.W. 1, P.W.3 and P.W.2. P.W.1, went with the police Desk Sergeant after the appellant was identified.

It is to be noted that while the appellant was arrested, he stated that he was coming from his wife's shop. He also gave the name of his wife, the addresses of his wife's shop and that of his residence. He also gave the names of his co-tenants who could testify to the fact that he was at home at the alleged time of the commission of the crime. This was not investigated by the Police.

Also, in identifying the accused, no identification parade was conducted. The accused was merely called out of his cell and the complainants identified him as the one who committed the crime. Moreover, the evidence of prosecution's witnesses were contradictory with regards to the material facts of the case.

At the conclusion of the trial, the learned trial Judge convicted the appellant as charged. His appeal to the Court of Appeal was dismissed by a majority decision of 2 to 1. Dissatisfied, the appellant further appealed to the Supreme Court.