It was alleged that a group of persons of whom the Appellant was one had stated that one Abdullah Alhaji Umaru (now deceased) made certain remarks which were insulting to Prophet Muhammed (S.A.W.) and that the deceased ought to be killed as prescribed in the Holy Quran for making the alleged remarks. They went in search of the deceased, laid their hands on him and slaughted him with a knife. The incident was reported to the police on 14-7-99. The Appellant and five other persons were arrested for killing the deceased. The evidence of PW5 as to the manner in which Abdullahi Alhaji Umaru was killed is particularly eye-opening. At page 51 of the record, he testified thus: -

The Appellant, along with five others were charged before the Kebbi State High Court of Justice (trial Court) for the offences of criminal conspiracy contrary to Section 67 of the Penal Code. He was also charged along with the 2nd, 4th and 6th accused persons before the trial Court with the offence of abatement contrary to Section 85 of the Penal Code. When the counts were read to each of the accused, each, separately pleaded not guilty to each of the counts. The case then proceeded to trial. After taking evidence from the respective parties and final addresses by their counsel, the learned trial Judge delivered his judgment wherein he found the Appellant guilty and sentenced him to death by hanging.

Aggrieved with the trial Court's judgment, the Appellant appealed to the Court of Appeal, Kaduna Division. The Court of Appeal in its judgment, dismissed the appeal and affirmed the trial Court's decision.

Further Aggrieved, the Appellant appealed to the Supreme Court.