The Appellant was charged with armed robbery contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree (now Act) No. 47 of 1970 as amended by the Robbery and Firearms (Special Provisions) (Amendment) Decree (Act) No. 8 of 1974. The particulars of the offence were stated to be that on or about the 5th day of April, 1980 along Old Ife Road by the Express Way of Ibadan, the Appellant armed with firearms, and in the company of other persons unknown, robbed one Alhaji Y.A. Afolabi of his peugeot 504 car with registration No. OYB 2118 A valued at about N9,000.00 and a lady's bag containing N600.00.

Without going into much details of the facts, the evidence which was accepted by the two courts below, in summary, was that the Appellant was on 6 April, 1980 at about 1.30 a.m at a police check point near Benin City found in possession of a peugeot 504 car with registration No. OYB 2118 A. He drove it from Lagos direction. After some initial questioning by the police, he was ordered to come out of the vehicle and thereafter was arrested. On being questioned further as to how he came by the car in which some women wears, passport photograph of a woman and a bunch of keys were found, he said those items belonged to his boss and that she permitted him to drive her car to Benin to visit his sick father. The police were not convinced; so they took him into custody. It later turned out that the vehicle had been snatched at gun point on 5 April, 1980 between 8.30p.m and 8.45p.m from the owner, Alhaji Yekini Abolade Afolabi, who testified as p.w.4, on his way to attend a marriage party at Green Spring Hotel, Ibadan in the company of one Mrs. Yetunde Adegbola, p.w.5.

The Appellant was found guilty of armed robbery by Olowofoyeku, J, sitting at the High Court, Ibadan on 4 November, 1980 and sentenced to death. His appeal against the conviction was dismissed by the Court of Appeal, Ibadan Division, on 28 June, 2001.

He appealed to the Supreme Court