PW2, Asuquo Etim Nyong, is the father of PW1, Grace Asukwo Etim, the prosecutrix and victim of the offence. On 2nd of May 1982, PW2 who was then living at Creek Town, Calabar with his family handed over his daughter PW1, to the appellant a taxi driver, to take her to Uyo. PW1 was then a student of the Christian Secondary Commercial School Uyo. PW2 told the appellant to drop PW1 at Itam Junction. He gave the appellant N5 and asked him to give PW1 N1 on dropping her at Itam Junction so that she could use the amount for her transport fare to a house at Uyo before proceeding to the school.

On that day, the appellant arrived at Uyo at about 6p.m. He did not drop PW1 there but took her with other passengers to Ikot Efre Itak village where he dropped all the passengers except PW1. He came back to Uyo with PW1 where they arrived at 8p.m.PW1 said that on their way back to Uyo from Ikot Efre Itak village, the appellant asked her to spend the night in his house at Uyo that night. She said no; but the appellant drove his vehicle with her to his house at No. 2 Effiong Ukpong Street. There, PW1 refused to enter the house, came out of the vehicle, removed all her luggage from the vehicle (comprising of a bag of Garri, a bag containing books and her clothes) and wanted to take a motor cycle to her house. The appellant took back the luggage into his vehicle and promised to take her direct to her house at Akpan Essien Street instead of Akpan Etuk Street and asked her to come down and go home. It was raining heavily at this time. The appellant wound up the glasses of the vehicles doors and locked the vehicle with only him and PW1 inside. The appellant struggled with PW1 inside the vehicle and finally over powered her, removed her pant and had sexual intercourse with her. He then drove her back to his house where he again off-loaded her luggage and put them in his house. He told PW1 to wait for him as he was going to part his vehicle. He then drove away. This was after 9.00p.m.

PW1 then ran out of the house (leaving her luggage in the appellant's house) and entered No. 5 Effiong Ukpong Street (appellant's neighbours). PW1 said she narrated her ordeal to a woman (PW4) and her husband whom she found in the house where she slept until the following morning. The following morning, PW1 reported the incident to her father PW2, who in turn reported the matter to the Police in Uyo and the appellant was later arrested and charged to which he pleaded not guilty.

Appellant was found guilty of the offence and was sentenced to 7 years imprisonment with hard labour.

Appellant appealed to the Court of Appeal which dismissed the appeal.

Appellant further appealed to the Supreme Court.