Murtala Mohammed was alleged to have had a misunderstanding with the 1st – 3rd accused persons who beat him up and inflicted injuries on him. As the beating continued, the deceased was alleged to have said he would break the windscreen of a car belong to the 4th accused person (father to the 1st – 3rd accused persons). Hence, the windscreen was discovered to have been broken.

Subsequently, the 4th accused person sent the 1st – 3rd accused persons to go fetch the deceased who was taken to his home and beaten and detained until the police came to take the deceased to the Police station. The deceased resisted but was eventually taken to the station in a wheelbarrow. The deceased died on the same day in the hospital.

At the trial, the statement of the 4th accused person was not objected and thereby admitted into evidence. However, the voluntariness of the statements of the 1st – 3rd accused persons were challenged which led to the conduct of a trial within trial. Hence, the rejection of their statements by the trial court as been voluntarily made.

The accused persons were convicted and sentenced each to 10 years imprisonment and payment of N 20,000 as fine.

Upon dissatisfaction, the appellants appealed to the Court of Appeal who dismissed same as lacking in merit thereby affirming the judgment of the trial court.

The appellant Musa Zubairu not still satisfied with the decision of the Court of Appeal appealed to the Supreme Court.