The appellant, Daniel Madjemu was arraigned before the High Court of the defunct Bendel State siting in Warri Judicial Division, charged with the murder of his wife, Pancake Daniel on or about the 16th day of July, 1984 contrary to section 319 of the Criminal Code. He pleaded not guilty to the charge.

The appellant and the deceased were husband and wife living at No. 6/7 Arubayi Street, Okumagba Layout, Warri. On the 16th of July 1984 the appellant and the deceased went to bed. Between the hours of 4 a.m. - 5 a.m. the appellant took a cutlass with which he gave his wife fatal cuts including the one on the neck, that almost severed the head from the rest of the body. She died from the fatal wounds. All this happened when the victim was asleep. After killing the deceased the appellant dragged her body from their bedroom to the verandah. He then drove his peugeot car registration No. BD1 121 WA carrying with Him a blood stained cutlass to No.5 Enerhen Effurun Road, Effurun, a distance of about 3 miles where he woke up the father of the deceased and informed him that he had murdered the deceased, his wife. With the help of other members of the compound, the father of the deceased over-powered the appellant, disarmed and arrested him and took him to the Effurun Police Station from where the case was referred to the police station, Warri. Before then the appellant attempted to commit suicide but gave up the attempt.

At the conclusion of the trial, Omosun J (as he then was) found him guilty, as charged and sentenced him to death by hanging.

Being dissatisfied with the decision of the trial court, he appealed against it to the Court of Appeal, Benin Division, which dismissed the appeal and affirmed the conviction and sentence imposed on him. The appellant appealed to the Supreme Court.