This is an appeal against the judgment of the Court of Appeal which affirmed the judgment of the trial Court, which convicted the Appellant for culpable homicide punishable with death. The Appellant was charged along with three other persons. Two of them died in the course of the trial.

The prosecution called six witnesses. The case is that a motor cycle was stolen. Appellant was the suspect. Police Constable Rotimi Jeremiah took the Appellant to Ipee to produce the particulars of the motor cycle. That was the last time Rotimi Jeremiah was seen alive. In the course of investigation, the Appellant made both oral and written confession and statements that he, together with the other accused persons, killed the deceased. The confessions were made at Ede Police Station.:

The Appellant was arrested. He was led to the scene of crime by the police. The clothes last worn by the deceased; four teeth and some strands were recovered at the scene. Appellant's efforts to escape from arrest were not successful.

At the trial, Appellant retracted his confessional statement. He denied killing Rotimi Jeremiah. The learned trial Judge did not believe his evidence. He was therefore convicted and sentenced to death. His appeal to the Court of Appeal was dismissed. This is a further appeal to this Court.