UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Coram: T. O. Diai, Judge, delivered on 29th July 2009 in Charge No.A/40C/2007. In the said judgment the Lower Court convicted the Appellant on the one count charge on which he was tried and sentenced him to ten years imprisonment without option of fine.
The brief background facts as made out by the prosecution at the trial disclose that the Appellant represented to the PW1 that his (Appellant's) younger brother who was married to an Italian assists people to secure visa to go to Italy where jobs and accommodation are provided for them. On account of this the PWI gave the Appellant the names of two relations who would be sent to Italy and further gave the Appellant the moneys he demanded for the purpose. To cut the long story short, notwithstanding the moneys which the Appellant demanded and which were given to him, the Appellant failed to deliver …