Facts:

This case arose from the murder of one William Ehigie (deceased) who died from gunshot wounds and whose body was found by the roadside on the way to the farm. The elder sister of the deceased informed the police that Henry Ikponmwonsa had threatened to kill the deceased on several occasions for failing to pay back money advanced by Henry Ikponmwonsa’s lady friend to sponsor the deceased’s daughter to Spain. The Police was further informed that the threat was made during a family meeting which was called in an attempt to settle the quarrel between Henry Ikponmwonsa and the deceased by the Head of the family. The Police arrested Henry Ikponmwonsa who immediately confessed to the Police that he hired the Appellant to kill the deceased and that he gave money to the Appellant to buy cartridges to load in his gun; that Henry Ikponmwonsa and the Appellant went to wait for the deceased on a farm road and immediately they sighted the deceased, the Appellant shot at him, the bullet hit the deceased on his neck which made the deceased to fall down and Henry Ikponmwonsa stepped on his head to ensure that he was completely dead before they left the scene of crime. The Appellant was further arrested and arraigned before the High Court of Edo State, sitting at Benin City (trial Court), wherein was convicted for the offence of conspiracy to commit murder and murder and thereupon sentenced to death by hanging.

Being dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal (lower Court) which also affirmed the judgment of the trial Court.

Further dissatisfied with the decision of the lower Court, the Appellant appealed to the Supreme Court.