In the High Court of Ogun State holden at Sagamu, the Appellant was charged with the following offence;

Attempted murder contrary to section 320 (1) of the Criminal Code Cap.29 Vol 11 Laws of Ogun State of Nigeria, 1978.

Rasaki Folarin (m) on or about the 28th day of August, 1986 at Iperu Remo in the Sagamu Judicial Division attempted to murder Nojimu Talabi (m).

He pleaded not guilty to the charge. The case for the prosecution was that the Appellant/Accused shot one Nojimu Talabi at night after he had been warned by those present not to shoot him. Earlier on Nojimu had pursued his wife Fausatu who ran into the house of one Duncum Oshikoya after a quarell. The wife of Duncum Osikoya thought Nojimu was a thief and raised an alarm shouting "thief", to wit the late duncum Osikoya shouted that Nojimu was not a thief but had a misunderstanding with his wife. Nojimu saw the Appellant load his gun and shouted at him that he was not a thief, and late Osikoya's wife also shouted that Nojimu was not a thief. Inspite of all the warnings, the appellant shot Nojimu in the lit passage of the late Osikoya's house in the eyes, and he was treated at Iperu Community hospital, the medical report is in evidence as exhibit 'A'. A report was made to the Iperu Division Crime Branch of the Nigerian Police, where the appellant's caution statement was recorded, and the statement and its translated English version are now in evidence as Exhibits B and B1. The dane gun used was also admitted in evidence as Exhibit 'C'.

The case for the defence was that it was a general agreement in the appellant's neighbourhood that whenever they heard any shout of 'thief' residents would rally round to assist one another. On hearing the shout of 'thief' on that day from the house adjacent to his, the appellant came out with Exhibit 'C' and fired it into the house of Duncum Osikoya where he heard the shout. Other neighbours also came out with their cudgels and cutlasses and wounded Nojimu. The house was dark as there was no electricity.

Trial judge found that the prosecution case was proven beyond reasonable doubt and convicted the appellant sentencing him to four years imprisonment. Appellant dissatisfied appealed.