The appellant herein entered into a contract with the Ministry of Culture and Tourism, Rivers State, through one Mrs. Sokari Davies, the Director of Tourism, to supply a male calf giraffe in the sum of N3.5 million. The total sum was paid into his bank account with United Bank for Africa on 1/2/13. Despite repeated demands, the calf giraffe was not supplied and the money was not refunded. Upon enquiry, Mrs. Sokari Davies discovered that the appellant had been making sundry withdrawals from the deposited sum. At the time of her enquiry the sum had been depleted by N2.5 million, leaving the sum of N1,000,000.00. she obtained an ex-parte order placing a lien on the account. By the time the order was served on the bank, further withdrawals had been made leaving a balance of N995,000.00.

Mrs. Sokari Davies made a complaint to the police in Kaduna, where the appellant resided. He was arrested and charged before the Chief Magistrate's Court with the offences of cheating and criminal breach of trust contrary to Sections 312 and 322 of the Penal Code . He was found guilty as charged and sentenced to a fine of N5,000 or 1 year imprisonment for the offence of cheating and a fine of N8,000.00 or 2 years imprisonment for criminal breach of trust. He was also ordered to pay N2,505,000.00 to the nominal complainant representing the balance of N3.5 Million for the male calf giraffe which he failed to deliver. The appellant challenged his convictions and sentences right through the hierarchy of the Courts from the High Court to the Court of Appeal. He was unsuccessful, hence the further appeal to this Court.