The Lagos State High Court in Ikeja has dismissed an application filed by Joseph Aloba, father of the late singer Ilerioluwa Aloba, popularly known as Mohbad, challenging the legal advice issued by the Directorate of Public Prosecutions, which exonerated music artistes Naira Marley and Sam Larry from allegations related to the singer’s death.
Justice Taiwo Olatokun, in a ruling delivered on Wednesday, held that the Attorney General of Lagos State acted within the confines of the law by issuing a legal opinion that led to the discharge of the duo.
“The constitutional powers of the Attorney General regarding the decision to prosecute or not are clear and valid,” the judge ruled, emphasizing that the DPP, as a delegate of the Attorney General, acted appropriately.
Joseph Aloba, represented by Senior Advocate of Nigeria Wahab Shittu, had approached the court seeking to invalidate the legal advice which cleared Naira Marley, Sam Larry, Prima Boy, and Opere Babatunde.
Aloba claimed the advice pre-empted the findings of the ongoing Coroner’s Inquest into his son’s death and denied him fair hearing.
“The legal advice issued prematurely influenced the case, while the Coroner’s Inquest is yet to conclude its investigation,” Shittu argued on behalf of Aloba.
In response, the DPP’s office maintained that their advice was based on the evidence available in the criminal case file, to which neither the Coroner nor the applicant had access.
A legal officer from the DPP’s office, Ayinde Ibrahim, stated in a counter affidavit that there was no substantial link between the suspects and the death of the late singer.
“The suspects were not acquitted, they were merely discharged due to a lack of sufficient evidence,” Ibrahim clarified.
The court sided with the DPP, noting that no facts were presented that directly or indirectly implicated Naira Marley or the others in the singer’s death.
Reacting to the judgment, Wahab Shittu, SAN, expressed his client’s intent to challenge the ruling at the appellate court.
“We respect the decision of the court, but we strongly believe there are grounds for appeal. The family is determined to pursue justice for Mohbad,” Shittu said.
Joseph Aloba filed the suit on behalf of the Aloba family, naming the Lagos State Attorney General and the DPP as respondents.
The Coroner’s Inquest into Mohbad’s death is still ongoing. The late singer passed away in September 2023 under controversial circumstances, sparking public outrage and calls for accountability.
