On the 27th day of October, 1999, the residence of Kemi Davies was invaded by a gang of armed robbers while sleeping. The robbers entered her room, packed her valuables, raped and slaughtered her. Consequently, an alarm was raised in the neighbourhood that thieves were in the area. Men of a vigilante came out a witness saw Adebayo Odukoya hiding beside a banana tree with blood stained hands. He was arrested and in the course of the police investigation, he confessed to the robbery, rape and murder of Kemi David. However, Adebayo later died due to the gun shot injury he sustained while trying to escape from police custody. Hence the appellant and one Akeem Fatai were arrested as participant in the crime and thereby charged for conspiracy to commit murder and murder.

The appellant was found guilty by the learned trial judge which led to his conviction and sentence to death.

The appellant appealed to the Court of Appeal upon dissatisfied with the judgment of the learned trial court, which dismissed the appeal and affirmed the decision of the trial court.

Further dissatisfied, the appellant appealed to the Supreme Court.