The Lagos State High Court in Ikeja has dismissed an application filed by Mr. Joseph Aloba, the father of late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad.
Mr. Aloba had sought to challenge and quash the legal advice issued by the Directorate of Public Prosecutions (DPP), which led to the release of singer Naira Marley, music promoter Sam Larry, and others initially linked to his son’s death.
Justice Taiwo Olatokun, who presided over the matter, ruled on Wednesday that the Attorney General of Lagos State acted within the law in exercising prosecutorial discretion through the DPP.
According to Justice Olatokun, the powers of the Attorney General, whether exercised directly or through the DPP, are constitutionally protected. As such, the court found no grounds to question the legal advice or the decision not to prosecute the individuals named in the DPP’s report.
She stated that the reliefs requested by Mr. Aloba could not be granted. Consequently, the application was dismissed in its entirety.
Mohbad’s father reacts
Mr. Aloba, who attended the hearing alongside supporters of his late son, appeared visibly displeased with the court’s verdict. Although lawyers representing the DPP declined to comment after the ruling, Mr. Aloba’s counsel, Senior Advocate of Nigeria Wahab Shittu, told reporters that his client would appeal the judgment.
“We are not satisfied with the outcome. We believe there are valid legal issues that deserve attention at the appellate level,” Shittu said.
Background to the case
Mr. Joseph Aloba filed the suit on behalf of the Aloba family. The Attorney General of Lagos State and the DPP were named as respondents in the matter. Through his lawyer, Aloba argued that the DPP’s legal advice, which cleared Naira Marley, Sam Larry, and others, violated the principles of fair hearing.
He claimed that the legal advice was premature and interfered with the ongoing Coroner’s inquest into the cause of Mohbad’s death. The inquest, which was still gathering testimonies and reviewing evidence, had yet to conclude when the DPP issued its report.
Aloba further argued that individuals named and implicated during the Coroner’s proceedings had already been released by the DPP, potentially affecting the integrity of the investigation.
DPP defends legal advice
In response, the office of the DPP filed a counter affidavit on June 24, deposed to by legal officer Ayinde Ibrahim. The DPP’s office stated that the suspects were not acquitted but merely discharged, meaning they could still face legal action if new evidence emerged.
The DPP explained that its legal advice was based on a comprehensive review of the criminal case file, which included evidence and witness statements not available to the Coroner or the applicant.
The affidavit emphasised that the legal advice was not meant to pre-empt the Coroner’s inquest but was guided strictly by the facts presented in the case file. The DPP concluded that no evidence directly or indirectly linked Naira Marley, Sam Larry, Prime Boy, or Babatunde Opere to Mohbad’s death.
Why the court rejected the application
In her judgment, Justice Olatokun found that the DPP had acted within the scope of its legal duties. She reaffirmed the legal principle that the Attorney General, acting through the DPP, has the sole authority to determine whether or not a person should be prosecuted, based on available evidence.
Since the DPP found no link between the suspects and Mohbad’s death, the court ruled there was no basis to overturn the decision.
What’s next?
With the court dismissing the application, the legal advice that cleared Naira Marley, Sam Larry, and others stands. However, the applicant’s legal team has indicated plans to file an appeal, suggesting that the legal battle may not be over.
Meanwhile, the Coroner’s inquest into Mohbad’s death continues, with the public awaiting its findings and any potential new developments that may follow.
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