The appellants were in a gang of robbers who, armed with guns, invaded the premises of Faseru Motors, Ilesha in the early hours of 23rd November, 1981 in order to steal therein. One of them shot one Moses Adaramoye a night-watchman (P.W1), with a gun after he failed to give them keys to the office and the gate in the premises. He was shot in the stomach. His chest and side but he was immediately able to recognise one of the robbers as having a deformed leg. That person turned out to be the 2nd appellant. Later at an identification parade held on 2nd February, 1982, the witness identified all the four appellants as among the robbers. The robbers also attacked another nightguard one Joseph Orubuleye (P.W.2), and shot him hear his eye and the bullet out of his cheek and went through his shoulders. He was left unconscious in his pool of blood. He was not able to recognise any of the robbers. In their escapade the robbers also attacked and shot with a gun a gardener one Balubi Jubrila (P. W. 4), who slept in the premises that night. Eventually the robbers succeeded in breaking into the office of the spare-parts manager, Mr. Ayemi Olanyi (P.W.6) from where they stole a sum of N109 which was the proceeds of sale for Saturday the 21st November, 1981. The theft was later discovered by P.W.6 when he got to his office of the following Monday, the 23rd November, 1981. However, the matter was then reported to the police who commenced investigation. The four appellants were later arrested on 1st December, 1981 at a meeting held in an hotel while they were planning another robbery operation for Adamog Construction Company llesha. Inside the Peugeot Car No. BD 9296 BA belonging to the 2nd appellant, which was brought by the appellants to the meeting, the police found several types of guns with live ammunition, a sharpened matchet, some serviceable torchlights, a big hammer, some charms, two bags containing dark clothes and masks.

The learned trial Judge found all four of them guilty.

The Court of Appeal upheld all the findings of fact made by the trial Judge. They appealed to the Supreme Court raising grounds of mixed law and facts.