It was the deceased' practice to go on an annual trading trip from Sokoto to Yola in the then Gongola but now in Adamawa State. In 1986 the deceased went on a similar trip and on his way back home, and in the early hours of 28th June, 1986 he was found fatally wounded in a farm along Gabaitawa/Kadassaka Road in Gwadabawa Local Government Area of Sokoto State, by Umaru Abdu (P.W.4). P.W.4 was later joined by Garba Aliko (P.W.3), a brother to the deceased. They put the deceased on the back of a donkey with which P.W.3 came to the farm and carried him to Kadassaka, the home village of the deceased. From the village they took him to Gada Hospital and on the way the deceased died. P.W.3 said the body of the deceased was returned to Kadassak village and the incident was reported to Police at Gada. The deceased body was taken to Gada from where it was conveyed to Gwadabawa Hospital. After necessary identification of the deceased's body it was examined by a Doctor who thereafter issued a medical report.

The dead body was released to the relations of the deceased and was buried in Kadassak village.

At the end of the case put up by the parties, the learned trial Judge meticulously examined the evidence adduced and found the appellant guilty as charged and sentenced him to death.

The appellant being dissatisfied with the judgment of the trial court appealed to the Court of Appeal. The Court of Appeal dismissed the appeal and confirmed the judgment of the trial court.

The appellant further appealed to the Supreme Court.