The appellant along with eight others was arraigned before the Ondo High Court on a charge of murder. They were alleged to have unlawfully killed one Dapo Awoboyokun contrary to Section 254(2) and punishable under Section 257(1) of the Criminal Code Law Cap. 28 Laws of Western Nigeria 1959. After due trial, the Court of first instance on the 26th day of July, 1985 convicted the appellant and two others and sentence them to death.

The appellant appealed to the Court of Appeal, Ibadan Division, against his conviction and sentence. The Court of Appeal on the 16th April, 1987 dismissed the appeal of the appellant, affirmed the judgment of the trial Court and confirmed the sentence of death passed by that Court.

The appellant then appealed to this Court against his conviction and sentence.