The Appellants and the two accused persons charged along with them lived in the same village called Ekpan with the deceased Maria Imariagbe in Edo State. The deceased was a trader. She was known to have travelled in the same vehicle with the Appellants from Ekpan on 29th November 1992 to a nearby village called Ehor. The Appellants and the two other accused persons (before the trial Court) disembarked from the vehicle at the same spot in Ehor as did the deceased. The time was about 7.15pm. The Appellants and two others then set upon the deceased. They attacked and strangulated her. They dispossessed her of the money she had with her. The corpse of the deceased was found in a bush near the road at Ehor village. The Appellants made a hurried departure from Ekpan village the same night they were seen to have travelled in the same vehicle with the deceased. The 1st Appellant ran away to his native town Awomama in Imo State. The 2nd Appellant ran away to a place called Emese in Mbano Local Government of Imo State. When 1st Appellant was next seen by P.W.3. with whom he lived at Ekpan, it was discovered that he had freshly acquired " a very big radio cassette player, some new trousers and shoes". The Appellants later made "confessional" statements to P.W.7. In the statements it was revealed how the plan to kill the deceased was hatched and the manner of the execution of the plan. The statement of the 1st Appellant was received in evidence as exhibits 'A' whilst that of the 2nd Appellant was tendered as Exhibit E.

The trial Judge discharged and acquitted the 2nd and 3rd accused persons on the two Counts. The Appellants were each found guilty of the offence of murder and sentenced to death.

Dissatisfied with their convictions, the Appellants brought an appeal before the Court of Appeal, Benin Division. The Court of Appeal in a unanimous judgment dismissed the appeal.

Still dissatisfied, the Appellants appealed to the Supreme Court.