The deceased, Alhaji Ibrahim Tsadu, who was then the Chairman of Agaie Local Government Council in Minna was the victim who was allegedly murdered on the 13th day of February 1994. On the night of that day, the deceased in company of his wife and another person were all being driven in his car by his driver from Agaie towards Etsugaie when the car was forcibly stopped along the road. This occurred when the windows of the car were smashed with stones and cudgels. The driver soon found that he could not continue further as the road upon which he was driving had objects blocked with wooden objects that had been laid across it. As soon as the car stopped, several persons attacked the car and its occupants with dangerous weapons which included, sticks, knives and axes It is alleged that the deceased who came out of the car to challenge the attackers with his gun was eventually killed. Though his wife was also injured, she did not die. The others, i.e. the driver and the other person in the car escaped from the scene, though not injured. It is also part of the case for the prosecution that the above five appellants named above conspired with each other and the other persons named in the information filed against them to murder the deceased. It is alleged also that the conspirators met to hatch the conspiracy in the palace, of the 12 accused, Alhaji Mohammed Attahiru (Emir of Agaie), and who has since been discharged and acquitted. I think it is also appropriate to mention here that the gravemen of the case of the prosecution against the appellants is if they were seen at the scene of crime before the event, either helping in cutting of the wood or laying same block the road leading to Agaie. For this evidence, and that concerning the participation in the commission of offence, heavy reliance was placed circumstantial evidence.

At the end of the trial, the learned trial judge convicted the appellants upon the evidence led by the led by the appellants were convicted of the offence of culpable homicide which they Were charged.

The learned Justices of Appeal also accepted the finding of the learned trial judge.

Dissatisfied, they have now appealed to the Supreme Court.