The appellant was one of two persons charged with the offence of murder before the Ibadan High Court. He was the 1st accused. The two were alleged to have murdered one Waidi Agunbiade on 29th January, 1988 at Oke-Offa Atipe contrary to Section 316 and punishable under section 319(1) of the Criminal Code, Cap.30 Vol. II, Laws of Oyo State, 1978.

The prosecution had charged that on January 29th, 1988 between 10 and 11pm at a night party in Ibadan, there were shouts that the appellant had killed somebody. The search lights used at the party was then directed towards where the shouts were coming from and the accused was sighted holding a broken bottle with the deceased lying on the ground in a pool of blood. He was later taken to hospital where he died.

The prosecution called 11 witnesses. The appellant testified in his own defence. The 2nd accused also testified in his own defence.

Appellant had argued that the 2nd accused had engaged in a fight with one other person and the appellant had separated them. The 2nd accused then stated the appellant had started running away. The appellant and the deceased ran after him; when the deceased was about to hold the 2nd accused person, he stabled him with a knife in the belly and ran off. Appellant stayed with the deceased. He was not holding a bottle when he was with the deceased and did not know the deceased before the incident. He was, however, accused of the murder of the deceased.

Counsel addressed the court and the trial Judge M. O. Adio J on 30 July, 1990 delivered judgment. The appellant was convicted of the offence of murder and accordingly sentenced to death. The 2nd accused was discharged and acquitted.

The accused was dissatisfied with the judgement of the lower court went to the court of Appeal.