On or about 8th to 9th of September, 1976, while one Ayodele aworemi (pw6), the night supervisor and other night watchmen of Subaco Limited guarding the Company's premises at Ojo at about 2.00 a.m. P.W.6 heard someone knocking and breaking the doors and walls of the company's factory. He then saw some men armed with guns and in army uniform enter the factory. On seeing this, he told his other night watchmen to run for their dear lives and he also ran away. Later at about 5.00 a.m. P.W 6 returned to the factory where he discovered that all the lace products of the company in the factory had been carried away. P.W. 6 then sent a message to one of the Directors of the company, Mr. Amman informing him of what had happened.

Mr. Amman (p.w.4) then reported the matter to the Police at Apapa. He also telephone one Mrs. M.A. Otegbola, (P.W.5) Chairman of the Board of Directors of the Company, in London and told her of what happened. She returned the following day to Nigeria, and after inspecting the company's factory, she reported herself to the Apapa Police station where P.W.4 earlier reported the matter.

Police investigation into the matter commenced in earnest and with the assistance of P.W 5 and other staff of Subaco Ltd all the 6 accused persons were arrested and detained. The 1st accused later disappeared and could not be traced. The 5 accused persons who were tried and convicted are now the appellants in this case.