The appellant was charged with the offence of rape contrary to S. 258 of Criminal Code Law of Bendel State. He was alleged to have raped the prosecutrix, a school girl of under thirteen years within the premises of University of Benin Staff School on 24th May 1989. The prosecution further alleged that the prosecutrix thought the appellant was a teacher at the same staff school and that she at his behest volunteered to help to count the bad toilets at the school. It was while doing this that the appellant grabbed her and raped her. The appellant, on his side maintained he never committed any offence; all that happened, according to him, was that the prosecutrix and her elder brother were his pupils at a private tuition school and that their father still owed him unpaid fees. At the time of the alleged offence the prosecutrix’s age was put at eleven years, being born in August 1978. She denied being appellant’s pupil at any time in 1989, much less her father oweing him any outstanding fees. The prosecutrix maintained she told her father what happened to her the same day when he came to pick her up but he did nothing on that day. The trial court convicted the appellant of the offence of rape and sentenced him to five years imprisonment. On appeal to Court of Appeal the conviction for rape was set aside and that of attempted rape was substituted.

Dissatisfied, the appellant further appealed to the Supreme Court.