The appellant and DW2 were charged before the High Court of Lagos State, Ikeja presided over by the Hon. Justice Oduneye on a two count charge of conspiracy to commit murder and murder of the late Navy Captain Yetunde Peters, contrary to Sections 324 and 319 (1) respectively of the Criminal Code Law of Lagos State.

In establishing its case the prosecution, now respondent tendered five exhibits and relied on the testimonies of five witnesses. The appellant and DW2 testified for themselves in their defence. The facts that came to light during the trial are that sometime in September 1999, the appellant and DW2 conspired together to murder Captain Yetunde Peters (the deceased), at the material time the appellant was the driver of the deceased.

Also emerged is that the appellant and DW2 stabbed the deceased in her home in Ogudu GRA, Lagos State, wrapped the body of the deceased in a rug, put the body in the boot of her car and dumped same in the Lagoon along the Adeniji Adele area of the Third Mainland Bridge, Lagos.

The prosecution also led evidence, to establish that after disposing of the body, the appellant and DW2 ransacked the house of the deceased and carted away valuables, including a Certificate of Occupancy in the name of the deceased. It was in the process of trying to dispose of the landed property belonging to the deceased in the Lekki area of Lagos State that the appellant was apprehended. Among the exhibits relied upon by the prosecution is the confessional statement (Exhibit C) of the appellant and in the course of the trial appellant challenged the voluntariness of the statement. The learned trial judge conducted a trial within a trial, at the end of which Exhibit C was admitted in evidence. At the end, the trial court found the appellant and DW2 guilty of the two offences charged hence they appealed to the court below and from thence to the current place.