In the early hours of 9th November, 1981, the Friends Hotel, Amaifeke, Orlu, was besieged by a gang of armed robbers. At the time of their arrival at the Hotel, P.W.2. Vitalis Akubuo was sleeping in one of the Hotel rooms with one innocent and one Rose Duru (p.w.3). They were all employees of the Friends Hotel. The robbers broke into their room and at gun point ordered them to lie down facing the ground. They all promptly complied with the order, but while doing so, P.W.2. raised his head up slightly to enable him have a good look at the intruders. He testified that one of the robbers (3rd appellant) ordered p.w.3. to produce her money or be short P.W.3. prompt surrendered her handbag from which 3rd appellant took the sum of N60.00. The evidence of p.w.2, was confirmed by that of p.w.3. According to the evidence of p.w.2 amongst the robbers was the 1st appellant who at the time of the robbery was at the door of the room holding a gun. The 2nd appellant was also identified as a member of the gang. She was said to be wearing a skirt and a blouse. Both p.w.2 and p.w.3 heard when the 2nd appellant said in Igbo “gbagbuo Oliver” meaning shoot Oliver dead. Oliver (p.w.7) who was also an employee of the Hotel and was in another room with one Josephine Njezi (p.w.5) at the time of the robbery, heard the 2nd appellant giving orders to the other robbers to shoot him dead. After they had robbed p.w.3 of her money the robbers moved into Oliver’s room where they stole N65.00. At the end of their nefarious activities, they all jumped into their vehicle and drove off.

The appellants, together with a fourth accused person were arraigned before the High Court of Imo Sate, Orlu Judicial Division and jointly charged with the offence of armed robber contrary to section 1(2)(a) of the Robbery and Fire arms (Special Provisions) Act, 1970. They all pleaded not guilty to the charge.

At the trial before Johnson, J seven witnesses gave evidence of the prosecution while each accused person testified on his or her behalf but called no witness. At the conclusion of the hearing after evaluating all the evidence adduced the learned trial judge convicted the appellants and sentenced them to death. The fourth accused was, however, acquitted and discharged. The appellants appealed to the Court of Appeal, Enugu Judicial Division, which court, on 30th day of January, 1987 dismissed their appeal. They further appealed to the Supreme Court.