The four Appellants were arraigned before the Owerri High Court of Imo State on an information for the offence of armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation 1990. The particulars of the offence as set out on the information stated that the Appellants on 1st June, 1997 at Amazu Uno Arondizuogu in the Orlu Judicial Division while armed with offensive weapons to wit; locally made pistol and matchets, robbed Mrs. Ndidi Nnakaihe and Innocent Nnakaihe of some properties.

The Appellants were tried by Ohakwe J. after each of the Appellants had on 16/08/99 pleaded not guilty to the charge. The prosecution called four witnesses. Each of the Appellants testified in his own defence. The 1st Appellant alone called a witness who testified as D.W.5. The trial Judge on 17/12/99 delivered judgment in the case. Each of the Appellants was found guilty of the offence and sentenced to death.

Dissatisfied, the Appellants brought an appeal against the judgment. The appeal came before the Court of Appeal, Port-Harcourt Division (hereinafter called the Court below). The Court below on 3/2/2003 delivered its judgment. The Court by a majority dismissed the appeal. Nsofor and Adeniji J.C.A. were for a dismissal of the appeal by the four Appellants. Ikongbeh J.C.A. in his minority judgment dismissed the appeal of the 1st Appellant and allowed the appeal of the 2nd to fourth Appellants..

The Appellants have brought a further appeal before this Court.