This is an interlocutory appeal from the ruling delivering by Igbogidi, J. on 22/9/94 sitting at Agbor High Court in Delta State. The appellant was one of the four accused persons arraigned before the court on an information filed by the Director of Public Prosecutions of Delta State. The other 3 accused persons were Christopher Ndioma; Augustine Enuma; and John Okoh Agha. The appellant was the 2nd accused person while the 3 other aforenamed persons were respectively 1st, 3rd and 4th accused persons. The charges against the 4 men were one count of conspiracy of committal of felony to wit; murder; and 3 counts of murder.

Shortly after the information was filed, the appellant filed a motion in which he prayed the court, inter alia, that the information be quashed on the grounds that:

Each of the other 3 accused persons filed similar motion in which similar prayer were also sought. The court took submissions of all the counsel in the matter and delivered a jointly ruling. The court dismissed all the applications on the ground that they lack merit.

Dissatisfied, the appellant appealed to the Court of Appeal against the ruling of the trial court.