The appellant, Samson Emeka, also known as Samson Madu Emeka, was arraigned before Oyetunde J, in the High Court of Plateau State, sitting at Jos for culpable homicide punishable with death under S. 221 of Penal Code. He was jointly charged with two others. After all the evidence the appellant and the two others, to wit, Barnabas Idakula and Asota Otis Fortunatus, were found guilty and convicted whereby they were sentenced to death by hanging. On appeal to Court of Appeal, the conviction and sentence of the appellant were affirmed but his two co-accused were discharged and acquitted as their conviction and sentence were set aside. The appellant has therefore appealed to this Court against the decision of Court of Appeal.

The evidence before the trial court was that the appellant was frustrated as his life was not a success. To him, success meant acquisition of money and wealth. It was in the course of discussing his frustration that he met Barnabas Idakula and Asota Otis, Fortunatus, and later with Idi Abdullahi and Mashodari Chiroma. It was Idi Abdullahi that introduced the appellant and his two homicides co-accused to Mashodari Chiroma who lived at Kura Falls, some distance from Jos. Chiroma was introduced as a juju man who would concoct some potions for making money. He told the appellant, as promised him already by Idi Abdullahi, that the main ingredient for the potion was human eyes. It has to be real human eyes plucked from the victim, not the ones stolen from graveyard or cemetery. The appellant was apparently convinced about the efficacy of such potion and he went about seeking how to obtain human eyes. In the anxiety of the appellant and his friend, one Samuel who is at large, the PW5, Boniface Okeke, was asked for help. PW5 informed the Police who, incredible as the story was, took steps to monitor the accused and his friends. The Police helped the PW5 to procure from the abattoir a goat head whose eyes were plucked but they were rejected because it was alleged it came from somebody who died naturally.

On or about 14th January 1986 the appellant went to a beer parlour called "Gentle Man Beer Parlour" at 68 Laranto Katako, Jos where he met the deceased, Salamatu Mohammed, a prostitute, already drinking beer. He approached her and they decided to take a room for the night. PW1, Miss Elizabeth Amagharonu, was the receptionist at the beer parlour and she knew Salamatu as a prostitute and a regular visitor. Meanwhile the appellant, between early and second week of January, 1986 went to medicine shop run by PW3, Fabian Adinnu, to buy a drug whose trade name is "Atvan". The appellant bought ten tablets of this drug, "Atvan". According to Victor Okpomo PW7, a Government analyst at Government Chemist Kaduna, "Atvan" is a very potent tranquilizer and that the chemical name is "Lorazepan". He said it could send anybody taking it into deep sleep within minutes of taking it.