It is the prosecution's case that on 12th October 1986 at about 2100 hours the Appellants and one Ikechukwu were returning home from a naming ceremony in Ngomari Ward, Maiduguri but midway in their journey, they decided to have more drinks at Merryland Hotel, Maiduguri. The incidence took place after they left the said hotel and continued their return home. On getting to Ngomari Bus Stop, the Appellants and Ikechukwu met the deceased, Basil Eziam who then engaged Ikechukwu in a discussion over an undisclosed subject thereby delaying their return. The 1st Appellant became worried for he was tired and wanted to get home and consequently told the deceased not to waste their time by continuing with the discussion with Ikechukwu. When the deceased continued with the discussion 1st Appellant approached the deceased and a fight ensued as a result of which 1st and 2nd Appellants jointly beat up the deceased and lifted him up by the legs and hit his head on the ground which subsequently led to the death of the deceased before he could get to the General Hospital, Maiduguri.

The case of the defence is simply that it was the deceased who started the fight by giving Linus, the 2nd Appellant a blow but that 2nd Appellant did not retaliate. The deceased persisted and at a stage tried to use his leg in a Karate fashion to attack the 2nd Appellant in the process of which he missed his target and fell down and collapsed and later died.

The learned trial Judge found the Appellants guilty of the offences as charged and sentenced them to death.

Dissatisfied with that decision, the Appellants appealed to the Court of Appeal which affirmed it and dismissed their appeal.

However, at the Court of Appeal, the medical reports and the statements of the accused persons, which were tendered and admitted by the trial Court, were nowhere to be found. On this and other grounds, the Appellants appealed further to the Supreme Court.