Appellant had written to Mr. David Moroh warning him of a plot to kill him by Mr Obuninta. He then advised Mr. Moroh to either relieve Mr. Obuninta of his job on the slightest pretext or transfer him from Warri to Port Harcourt.

There was then some attack on Mr. Moroh's life and this led to a second letter to Mr. Moroh by the appellant under another name whereupon reference was made to the earlier letter maintaining that Mr. Obuninta had vowed to kill him.

Mr Moroh then petitioned the Police requesting that they search the appellants house whereupon copies of the two letters, Exhibits 1 and 3 were recovered together with the typewriter used by him in typing the letters.

Appellant was then arraigned upon a two-count charge of causing Mr. David Moroh to receive the letters threatening to kill him under section 323 of the Criminal Code Law of Bendel State applicable to Delta State. The appellant pleaded not guilty to the charge and made a no-case submission to which counsel for the prosecution replied.

The submission was overruled by the Chief Magistrate who ordered the appellant to enter his defence.

The appellant unsuccessfully appealed against the decision to the High Court and the Court of Appeal, further appealed to the Supreme Court.