The unfortunate incident which gave rise to this case was the execution of Nasiru Bello, hereinafter referred to as the deceased, by the agents of the Oyo State Government in execution of the sentence of death passed on him by the High Court of Oyo State after it had convicted him of the offence of armed robbery. He had appealed to the then Federal Court of Appeal against the conviction but the execution was carried out before his appeal was heard and determined.

The facts of the case are not in dispute. On 30th October 1980 the High Court sitting at Ibadan convicted the deceased of the offence of armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970 as amended by the Robbery and Firearms (Special Provisions) Act 1974 and the court sentenced him to death. On 12th November 1980, within the time prescribed by law, he filed his notice of appeal against the said conviction in the Federal Court of Appeal and a copy of the notice of appeal was served on the Attorney-General of the Oyo State. On 21st April 1981 a copy of the records of appeal was also served on the Attorney-General. Thereafter, while the appeal was pending, the Attorney-General recommended to the Governor the execution of the deceased and in consequence thereof the execution was carried out on 5th September 1981. When the appeal came for hearing before the Federal Court of Appeal on 13th October 1981, the Solicitor-General of Oyo State informed the Court of the inadvertent execution of the deceased. Accordingly, the Federal Court of Appeal struck out the appeal.

It was as a result of the premature execution of the deceased that his dependants, hereinafter referred to as the Appellants, instituted a suit in the High Court of Oyo State claiming "N 100,000 as damages for illegal killing of their bread winner" against the Oyo State, hereinafter referred to as the Respondent. The Appellants based their claim on the doctrine "where there is a right, there is a remedy."