The Appellant Ozana Ubierho and seven others were arraigned before the Warn High Court on a one count charge of murder of one Miemie Uwarah contrary to Section 319 (1) of the Criminal Code, Cap. 48 Volume 11 Laws of Bendel State of Nigeria.

Before the trial commenced four (4) of the accused persons died in custody while three (3) others were discharged on a no case submission. The trial proceeded against 4th accused alone.

At the trial, the prosecution called four (4) witnesses. The accused person gave evidence in his defence. At the close of trial, the learned trial Judge found the charge against the accused proved. However, because he was only 14 years old at the time he committed the offence with which he was charged the learned trial Judge ordered that he be detained in prison at the pleasure of the Military Administrator of Delta State.

Ozana Ubierho's appeal to the Court of Appeal was dismissed on 18th December, 2003. The present appeal to this Court is against the dismissal of his appeal by the Court of Appeal.