The appellant was arraigned before the High Court of Justice sitting in Asaba and presided over by Akoro J on a one count charge for the murder of Tina Isiekwe under Section 319(1) of the Criminal Code Cap 48 vol. II Laws of Bendel State of Nigeria 1976 applicable in Delta State.

The appellant pleaded not guilty to the charge. Evidence was adduced by both the prosecution (now respondent) and the accused person (now the appellant) at the trial Court which upon due consideration was satisfied with the guilt of the appellant convicted him and sentenced him to death by hanging on 24/4/96. The appellant appealed against this judgment.