The appellant and the deceased are of Benin origin, friends and resident in Benin City. The appellant by occupation was a soldier and the deceased a taxi driver. On the 7th day of April, 1975 at between 7.00 p m and 8.00pm the appellant called at the house of the deceased (Sunday Egharevba, described in the evidence of 1st P.W as Sunday Igbinosun) at Ozeigbe Street, Benin City and invited him to come with him to buy petrol (which was scarce at that time) The deceased (a taxi driver) needed petrol to operate or run his taxi. The deceased accepted the invitation, followed the appellant and both drove off in the taxi, the appellant leaving a copy of his photograph with 1st P.W (widow of deceased) who was doubtful of the success of the mission to assure her that her husband would succeed and she should not be afraid.

At about 8.00pm P.W.2 a sister of the deceased stopped the taxi at Uselu motor park as she saw the deceased drive past. She observed that besides her brother there were 4 passengers including the appellant in the car. The appellant alone sat in front with the deceased while the other three passengers whom she could not recognise sat at the back. The deceased then told her that the appellant invited him to follow him to purchase some quantity of petrol. The deceased did not return either alone or with the car that day. Neither did the appellant who invited him and took him away to buy the petrol call to report to 1st P.W. Having expected the return of her husband in vain, 1st P.W on the following day informed members of the family of the deceased of the failure of her husband to return since the appellant took him out to an unknown destination the previous day. The police were contacted immediately by them. A search for the deceased by both the police and the family of the deceased started. The appellant was arrested (11 days) later along with other accused persons who were acquitted and discharged in the courts below. i.e 3rd and 4th accused in the High Court and the 2nd appellant in the Federal Court of Appeal. Then on the 20th day of April, 1975, the decomposed body of the deceased was recovered by the police in a bush behind the Bendel Television House after an intensive search for the deceased. The body was found covered with blanket and some other clothes.

In the course of investigation, the police planted Edward Isibor, 5th P.W. one of themselves, disguised as a criminal suspect in the midst of the suspects (in this case) locked up in one of the police cells. His mission was to get information from them that could identify those who perpetrated the crime. He was given a hot reception by the 2nd accused from whom he received a couple of slaps (on his entry into the cell) But when he claimed to be a notorious criminal and murderer claiming 10 murders to his credit, they opened up their mouths and minds to him and made their claim. The appellant was slow at first to trust 5th P.W. but eventually opened up.

The question was whether this confession was admissible in convicting the appellant, the High Court and Court of Appeal held that it was, whereupon the appellant appealed to the Supreme Court.