The appellant was arraigned before the Chief Magistrates court, Warri, on a two- count charge of threatening the life of one David Moroh on two different dates. The charge was brought under section 323 of the Criminal Code. Cap. 48 of the Laws of the defunct Bendel State 1976 applicable in Delta State. The case of the prosecution was that on 7/11/92, the appellant caused David Moroh to receive a letter threatening to kill him. And on 11/8/94, another threatening letter was issued by the appellant to the same complainant David Moroh. The prosecution called six witnesses and tendered a number of exhibits including the statement of the appellant and the offending letters-Exhibits 1 and 3.

At the close of the prosecution’s case, the counsel to the appellant entered a no case submission. He was overruled by the trial court who held that the prosecution had made out prima facie case requiring the appellant to defend himself.

Aggrieved by the decision of the trial court, the appellant appealed to the High Court. The High Court dismissed the appeal and the appellant further appealed to the Court of Appeal.