Mr. Gabriel Bereola (PW. 1) who was a farmer and lived in Bereola village invited the villagers including the accused and the deceased - Mr. Kayode Bereola, to his house to celebrate Christmas on 25th December, 1991. The invitees including the accused and the deceased attended the celebration. While they were there argument ensued between the accused and the deceased which resulted in a fight. The fight was stopped by the other invitees who separated them. The accused went to his house and returned later holding a matchet. On arriving at the scene, he struck the deceased with the matchet on the neck thereby severing the deceased's head from his body.

Based on evidence and the Statement made by the Appellant, the Appellant was convicted. The Court of Appeal dismissed the appeal.

A further appeal to the Supreme Court was made.