The appellant, Dare Kada, had on the afternoon of 5th June 1983 gone to the house of Busari Adio (PW2) in Akare Village, near Zungeru, Niger State. the appellant was later joined by Kaduna Magaji (the deceased), as the house was a rendezvous for them and others for drinking beer. Both the appellant and Kaduna Magaji started conversing in Fulfulde (Fulani Language), a language which neither the PW2 nor his wife understood. It was then that PW2 collected N2.00 from the appellant and went into his room to get a change for him.

No sooner had PW2 gone into his room, the appellant gave Kaduna Magaji a cut on his head with a cutlass in his possession which left him lying on the ground with blood gushing out from the wound sustained as a result thereof. Both the wife of PW2, Mrs. Ashawa Adio (Pw3) and the children who were at the scene at the time, having observed what happened. He pursued the appellant who had then taken to his heels. He followed him up to the main market and when the appellant entered the bush, PW2 gave up the chase. It was the he met Alhaji Ndatsu (PW4) and narrated to him what happened. PW4 took PW2 on his motor cycle back to his house. He saw the deceased, still alive, lying on the ground.

As a result of what he saw, he again took PW2 to go back to his house to stay with the injured while he sent PW4 brought a policeman (PW5) to the house of PW2, and having seen what happened, he sent PW4 to get him a motor vehicle with which another policeman, Tevi, took the injured to Zungeru Hospital.

The appellant was arrested three days after incident.

The trial judge convicted the appellant of the offence charged and sentenced him to death. The Court of Appeal affirmed the judgment of the trial judge, whereupon, the appellant further appealed to the Supreme Court.