On the fateful day, Auta Muhammed in company of his 13-year-old sister drove their herds of cattle for grazing. It was then that the accused came and hit Auta Mohammed with a hoe once on the head below his ear on the right side. Auta Mohammed fell down with blood gushing from the wound.

Auta Mohammed's sister, Karimatu Alhaji Mohammed after seeing what had happened to her brother, drove the cattle back home and reported the incident to her father. Alhaji Mohammed Ahmed who immediately visited the scene of the incident and met his son bleeding and unconscious. He took Auta to Dayi Police Station and lodged a complaint. Auta was taken to Malumfashi general hospital where he later died. The accused was then arrested by the police.

The appellant in his appeal to the Supreme Court contended that the Court of Appeal and the trial Court did not consider the defences of self defence and provocation which ought to have availed him on the facts of the case.