The charge against the accused/Appellant herein before the Ilorin High Court as per page 2A of the records reads thus:

"That you Johnbull Ekure of No. 3, Tanke Road, Ilorin on or about the 19th day of January, 1990 at about 8.00pm at Tanke Area, University Road, Ilorin in the Ilorin Judicial Division of Kwara State did commit culpable Homicide punishable with death by causing the death of both Adebowale Adeoti and Adetola Adeoti to wit, by inflicting severe injuries on both the heads and bodies of the deceased persons with machetes with the knowledge that their death would be the probable consequence of your acts and that you thereby committed an offence punishable under Section 221 (b) of the Penal Code."

To prove its case against the Appellant, the prosecution called 4 witnesses among whom were PWs 1, 2 & 3 who witnessed the incident while PW4 is the Investigating Police Officer. The gist of the prosecution's case was that on 30/5/90 the Accused/Appellant went into the office of PW1 and attacked him with iron rod. The attack allegedly took place in the presence of PW3. The accused was overpowered before he could cause any serious harm to PW1 and when asked by PW2 why he wanted to kill PW1, he stated that he (the accused) was the one who killed two sons of PW1 (the deceased persons) and since their deaths, their spirits had been tormenting him as they have been asking for their father. A further reason given by the accused was that PW1 was responsible for him being a "pauper." PW3 was the secretary of PW1 who was with PW1 at the time of the alleged attack along with PW2. While in Police custody the accused made two statements. The first was on the day of his arrest (30/5/90). In that statement, he denied killing the deceased persons and also denied attempting to kill PW1. Both statements were accepted in evidence as exhibits 1 & 2 respectively.

The accused gave evidence in his own defence. He denied killing the deceased persons and attempting to kill PW1. His account was that one day in May 1990, while he was going past PW1's shop he asked Pw1 (a furniture maker) to make a chair for him. PW1 then asked him whether he (the accused) was the person that lived in the house next to the house where his children were killed. When the accused replied "yes" PW1 grabbed him by the shirt and started beating him. Other employees of Pw1 joined in beating the accused. Pw2 then searched the accused and found N453 in his pocket, which he (PW2) claimed it, was money given to the accused to kill his "master" PW1. PW2 then said that the accused was the one who killed the deceased persons. When the accused was taken to the police P.W.2 informed the police that the accused told him that he was the one who killed the deceased persons. The accused claimed that he was locked in a cell and was kicked and beaten by two policemen, one of which was PW4. After this, the police wrote out exhibit 1 and he was asked to sign it and he did. He claimed he did not know what was in the statement. Some days later the accused told another policeman that he did not kill the deceased persons. It was that other policeman who then asked the accused to make another statement, exhibit 2.

The trial court convicted the appellant and sentenced him to death. The appellant appealed.