On the 21st day of February 1984, the appellant was arraigned before the high court of Bendel State, Oleh judicial Division, presided over by Akpororoh, J., and was charged with the offence of murder. The charge alleged that on or about the 17th day of January 1983, at Oleh, he unlawfully killed one John Okpororoh. He pleaded not guilty to the charge.

The prosecution’s case was that on the 17th day of January 1983, the deceased, John Okporokpo, and his co-worker, one Sylvanus Egbebe resumed work in the Bakery of 1P.W. -Mrs. Regina Asasa at about 10 p.m. At the request of 1 P.W., the deceased and Sylvanus went to the compound of 3P.W. to call him to work.3P.W. Testified that he, the deceased and Sylvanus were on their way to their working place when the appellant came out of his compound and challenged them. The appellant called them thieves and when they said that they were not thieves, the appellant slapped Sylvanus Egbede. When Sylvanus wanted to engage the appellant in a fight, he was held by 3 P.W., So as to prevent him from doing so. At that stage the appellant ran into his house, came out with a knife and stabbed John Okporkpo on his left shoulder. He then took to his heels and disappeared. John Okporokpo fell down and died on the spot.

In his defence the appellant denied the charge. He testified that on the day of the incident, the deceased and two others came to his house and attacked him. He said that they hit his head with a cement block and stabbed him on his nigh. He said further that during the attack on him in his room, one of his assailants attempted to stab him with a knife, and as he (the appellant) dodged him, of the assailant) stabbed a member of his gang, who was behind him, and that it was that person that died.

At the trial, six witnesses gave evidence for the prosecution, and as stated earlier on, the appellant also gave evidence in his defence but did not call a witness. His extra judicial statement to the police was tendered and admitted as Exhibit ‘A’. At the conclusion of hearing, the learned trial judge gave very careful consideration to the whole evidence adduced. He also considered the appellant’s defence and held as follows:

Being dissatisfied with the decision of the High Court, the appellant appealed to the Court of Appeal, Benin Division Coram Ikwechegh, Mustapher and Ajose-Adeogun, JJ.C.A., and on the 3rd day of July, 1986, by a unanimous decision that Court dismissed his appeal and confirmed his conviction and the death sentence passed on him.

He further appealed to the Supreme Court.