The appellant and Magdalene Airhuoyuwa, PW1, were evidently lovers and as a result of that relationship, the PW1 first became pregnant in 1993 for the appellant. That pregnancy was terminated as the appellant clearly told PW1, that his family would not accept a pregnancy in such circumstances. After that pregnancy was aborted they continued with their relationship and which culminated in another pregnancy. Upon being informed of her condition by PW1, the appellant again told PW1 to abort it. Though according to PW1, appellant gave her the sum of N1,800 for that purpose, she refused to abort the pregnancy. Eventually, she delivered a baby boy who was named Endurance Osayima, and who later became the victim of this murder. He would be referred to as Endurance from now. It would appear that the appellant did not relent in his opposition to Pw1 having a child for him having regard to the nature of their relationship. This he made manifest sometime after the birth of Endurance when he visited the house of PW1. On that day after he had enquired after the parents of PW1, and was told that they were not at home, he threatened that he would kill the child since the mother had refused to abort the pregnancy as he wanted her to do. He came again to the PW1’s house on the 29th November, 1994 at about 7.30p.m. When he came, after learning that the parents of PW1, were not at home, he left. Sometime afterwards and on the same day, i.e. 29th November, 1994, the appellant returned to the house of PW1. When he came in this time, he met PW1 and other children in the family dancing. The appellant then asked PW1 to bring the baby, i.e. late Endurance to him, where he was sitting on the bed. Though the mother PW1, explained to the appellant that the baby had excreted in his pant, he insisted that the baby be handed over to him. PW1, then gave the baby to him after she had removed the dirty pant. About that time, appellant gave the children the sum of twenty Naira to go out to buy coke for themselves. Soon after handling over baby Endurance to the appellant, PW1, went to the backyard to wash the baby’s pant that was soiled.

While, washing the pant at the backyard, PW1, heard the baby crying loudly and she ran immediately into the room where she left the appellant and baby Endurance. The appellant then gave her the baby, but PW1 noticed immediately that the mouth of the baby was white. PW1 then asked immediately the appellant what he had put in the mouth of baby Endurance. Appellant did not answer that question. Rather he kept saying repeatedly, “breastfeed the baby”. PW1 dutifully offered her breast to the baby, but to her dismay baby Endurance could not suck the breast, rather she noticed the baby stretching. At that moment, appellant ran away through the bush facing the house of the father of PW1.

Soon after the appellant ran away, baby Endurance was rushed immediately by PW1 to where her mother was. From there baby Endurance was carried to the hospital where he was pronounced dead.

A post mortem examination was performed on the body and Cause of death was given to be corrosive acid poisoning resulting in chemical burns and shock.

The trial Judge adjourned for judgment to 30th June, 1983. However judgment was not delivered on that day. On the 27th July, 1983, the learned trial Judge, requested counsel to the parties to address him further on issues he considered very relevant to the cause of action. On the 4th August, 1983 counsel addressed the court and judgment was delivered on the 21st October, 1983. The court found for the plaintiff and declared the termination of the contract wrongful and a breach of contract. Awards of N25,000 general damages and N18.433.23 special damages were made in favour of the plaintiff.

At the close of the prosecution’s case, the appellant elected to give evidence in his behalf. However, he did not call any witness in his defence. He denied that he had anything to do with the death of the baby.

The learned trial Judge held that the prosecution had established their case beyond reasonable doubt. The appellant was convicted, accordingly, and sentenced to death by hanging.

Appellant appealed to the Court of Appeal. His appeal was dismissed. He further appealed to the Supreme Court.