PW2 Pius Odusanya Oyekan, an Estate Surveyor left his office at 53 Western Avenue on 27/7/83 at about 10 p.m. in his car a Peuegot 505 Saloon Registration No. LA 1905 MF. He had a lady beside him in the car. On getting to a point near Jibowu Bus Stop along Ikorodu Road, he stopped the car and came down to urinate. He left the ignition on because the car starter was not functioning well. When he finished urinating and turned to enter the vehicle he saw five (5) young men. One of the young men pointed a gun at him and asked him to move, while he also took handkerchief from his pocket to gag the lady in the car. He also used his left hand to drag the lady out of the car. The other four young men sat themselves in the vehicle while the one with the gun occupied the first seat from which he had dragged out the lady. They drove off the car."

In the morning of the 2nd day at about 6.30 a.m. PW1 cited the vehicle and the occupants at Bashiru Augusto. The occupants of the vehicle were four young men. He told his driver he suspected the occupants to be robbers and instructed him to drive against their vehicle. This he did and the Peugeot 505 Saloon car careered off the road into the gutter.

The occupants of the vehicle fled and he immediately held down the appellant. He later succeeded in arresting the 2nd accused. The two others escaped. The police at Bode Thomas were alerted. They came into the scene and took the two accused persons to the Police Station.

At the end of the hearing, the learned trial Judge convicted them of the offence of robbery only and sentenced them.

Dissatisfied with the judgment, appellants appealed to the Court of Appeal.