The appellant, Godwin Ikpasa, and Agnes Godwin (deceased) were husband and wife. They had a young daughter as a result of the marriage and were all living together in the matrimonial home. Early in May, 1974, the little daughter became ill Agnes Godwin (deceased) left the matrimonial home with the ailing daughter for her parents home and there procured treatment for her, staying there the while with the little daughter.

Being a member of the Christian sect known as Jehovah Witnesses, as soon as the daughter appeared well enough on 17th May, 1974 she went out on a preaching expectation, carrying the little daughter on her back. At the time when she was expected back home she failed to return to her parents, instead late that evening the mother of the appellant brought the little daughter and dropped her at the house of the deceased’s father, Onose Slakpere (P W 2). On inquiry the mother of the appellant told the latter that the deceased was on her way coming behind.

When the deceased failed to turn up, Onose Slakpere (P.W.2) being concerned proceeded to Warri to report the matter to the Police. At the Police Station Warri, he met the appellant already under arrest and in the custody of the Police. He also saw the corpse of Agnes Godwin (deceased) at the mortuary.

When the mother of the deceased returned home from the farm that evening she was surprised to find the little daughter of the deceased sitting on the floor alone. Her mother (deceased) was not there. She observed blood stains on the dress of the little daughter which she later handed over to the police.

Later the Police arrived in their van. They invited her to join them in the van, which she did in the van she saw the appellant as well as some other persons well known to her. The Police asked whether she knew the appellant, she answered in the affirmative. The van was driven along the road and at a particular spot near the village of the appellant it stopped. She remained in the van while all those other persons including the Police who had travelled the van with her alighted there she identified as that of her daughter, Agnes Godwin (deceased).

The appellant had previously that day of his own free will and accord, reported at the Police Station at Ororokpe. He had reported to the Police that he had had a fight with his wife at Kokori and that he was not sure whether his wife Agness Godwin, was still alive or dead.

The appellant was charged with and tried of having murdered his wife on 17th May, 1974. He was found guilty, convicted and sentenced to death in terms of the provisions of s.367(2) of the Criminal Procedure Law of Bendel state (Cap 49). The Federal Court of Appeal duly heard and dismissed his appeal

He appealed to the Supreme Court.