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NOAH
V.
THE STATE

(2024) JELR 113428 (SC)

Supreme Court 20 Dec 2024 Nigeria
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- The appellant, James Noah, was convicted by the High Court of Kwara State on 2 February 2007 for the offence of culpable homicide punishable with death under Section 221 of the Penal Code, following the killing and dismemberment of Adisat

Case Details

Suit Number:SC.555/2014
Judges:JOHN INYANG OKORO, JSC lBRAHIM MUHAMMAD MUSA SAULAWA, JSC JUMMAI HANNATU SANKEY, JSC MOORE ASEIMO ABRAHAM ADUMEIN, JSC ABUBAKAR SADlQ UMAR, JSC
Counsel:O.E. L. Ideh, Esq. for the appellant. Edwin Anikwem (SAN) with the fiat of Attorney-General of Kwara State and with him is Shareef A. Mohammad, Esq.

JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, sitting at Ilorin, delivered on the 28th day of May, 2014, which affirmed the decision of the High Court of Kwara State, delivered on the 2nd day of February, 2007, which convicted the appellant, James Noah, for the offence of culpable homicide punishable with death with which he stood charged under Section 221 of the Penal Code. The appellant was subsequently sentenced to the statutory punishment of death.

The deceased, Adisatu Momodu, was last seen alive on the 28th day of November, 2003, at Oke Ode in Ifelodun Local Government Area of Kwara State. The following morning, her dismembered body was found, with several body parts missing. Following investigations by the Police, the appellant was charged with the murder of the deceased. The amended charge filed on the 1 6th day of October, 2006, read as follows:

That you James Noah on or about the 28th day of November, 2…

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