An Ikeja High Court has dismissed the application filed by Mr. Joseph Aloba, father of the late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, challenging the legal advice that cleared singer Naira Marley and show promoter Sam Larry of any involvement in his son’s death.
The application, which sought to nullify the decision of the Lagos State Director of Public Prosecutions (DPP), was filed through the family’s legal representative, Dr. Wahab Shittu (SAN). The Attorney General of Lagos State and the DPP were listed as respondents in the suit.
Legal Advice Upheld: Court Rules in Favor of Lagos State Attorney General
Delivering judgment on Wednesday, Justice Taiwo Olatokun held that the Attorney General of Lagos State holds absolute powers under the law to determine whether to prosecute or not, and such discretion cannot be legally challenged.
The judge, therefore, dismissed Aloba’s application, stating that it lacked merit.
Mohbad’s Family Alleges Lack of Fair Hearing
Dr. Shittu, in his submission, argued that the DPP’s legal advice violated the principles of fair hearing. He claimed that the exoneration of Azeez Fashola (a.k.a. Naira Marley) and Samson Balogun (a.k.a. Sam Larry) was premature, especially as the coroner’s inquest into Mohbad’s death was still ongoing.
According to him, several individuals named during the coroner’s proceedings were released without a full investigation, suggesting a miscarriage of justice.
Respondents Argue No Acquittal, Just Discharge
In their counter-affidavit, the respondents clarified that the suspects were not acquitted but merely discharged based on available evidence. They emphasized that no directive had been issued by the coroner requiring them to inform the inquest of the legal advice issued by the DPP.
The respondents maintained that their decision reflected the current findings in the case file and urged the court to dismiss Aloba’s motion in the interest of justice.
Background: Ongoing Quest for Justice in Mohbad’s Death
Mohbad’s controversial death in 2023 sparked national outrage, with fans and activists demanding a thorough investigation into allegations of bullying and threats he allegedly faced before his passing. The coroner’s inquest and legal proceedings have since become focal points in the quest for justice.
