The Lagos State High Court in Ikeja has rejected an application filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba (Mohbad), seeking to nullify the legal advice that led to the release of Naira Marley, Sam Larry, and others initially linked to his son’s death.
Justice Taiwo Olatokun, delivering judgment on Wednesday, ruled that the decision by the Attorney General of Lagos State, exercised through the Director of Public Prosecutions (DPP), was lawful and could not be challenged in the manner sought by the applicant. The judge held that the powers of the Attorney General to initiate or discontinue prosecution were constitutional and had been properly exercised in this case.
According to Justice Olatokun, the reliefs sought by Mr. Aloba could not be granted, and the application was dismissed.
Present in court during the proceedings, Mr. Aloba expressed dissatisfaction with the judgment. His lawyer, Wahab Shittu (SAN), indicated that the legal team is preparing to appeal the ruling.
Background
The suit, filed on behalf of the Aloba family, named the Attorney General of Lagos State and the DPP as respondents. Mr. Aloba, through his counsel, argued that the DPP’s legal advice—which led to the discharge of key suspects—violated the principle of fair hearing and pre-empted the Coroner’s inquest, which is still ongoing.
The application claimed that Naira Marley, Sam Larry, and others were released despite being implicated in the Coroner’s inquiry, thus undermining the integrity of the process.
In response, the DPP’s office, through a counter affidavit deposed by a legal assistant, Ayinde Ibrahim, argued that the suspects were not acquitted, but merely discharged, meaning they could still be prosecuted if new evidence emerges. The DPP also noted that their office had exclusive access to the full criminal case file, unlike the Coroner or the applicant.
The DPP maintained that there was no evidence directly or indirectly linking the discharged individuals—Naira Marley, Sam Larry, Prime Boy, and Opere Babatunde—to Mohbad’s death, forming the basis of their legal advice.
The legal team defending the state urged the court to dismiss the application in the interest of justice, which the court ultimately did.
The decision marks a significant turn in the high-profile case, though an appeal may open a new chapter in the legal battle over justice for Mohbad.
