The origin of this case comprising of an attack on a vehicle (a Peugeot 504 G-L. saloon car) occupied by two persons - P.W. 2 and P.W.3 - involved the three accused persons (Theophilus Eyisi alias Sunday Eyisi, Joseph Ezebuilo and Titus Eyisi, who in the rest of the judgment I shall refer to as 1st, 2nd, and 3rd appellants respectively). They were jointly charged in a one-count information with the offence of Armed Robbery contrary to section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, 1970 (No.47 of 1970) as amended by the Robbery and Firearms (Special Provisions) (Amendment) Act, 1974 (No. 8 of 1974). The appellants who then subsequently stood trial before the High Court of Anambra State presided over by Obiesie, J, of blessed memory, sitting at Onitsha, were found guilty, convicted as charged and accordingly sentenced to death.

Aggrieved by this decision, the appellants appealed unsuccessfully against their conviction and sentence to the Court of Appeal holden in Enugu (hereinafter referred to as the Court below). Being further dissatisfied with the decision of the court below, they have finally appealed to this court.