A Lagos High Court sitting in Ikeja has dismissed an application filed by Joseph Aloba, father of late singer Ilerioluwa Aloba aka Mohbad, seeking to quash the legal advice issued by the director of public prosecution (DPP) that cleared Azeez Fashola aka Naira Marley, Samson Balogun aka Sam Larry and others of complicity in the death of the artiste.
Justice Taiwo Olatokun delivered the ruling on Wednesday, stating that the powers exercised by the attorney general through the DPP were valid and could not be challenged.
“The exercise of powers by the Attorney General on whether to prosecute or not was validly exercised,” the judge said.
“The powers of the Attorney General (acting through the DPP) could not be questioned.”
Aloba, who was in court for the ruling, had argued through his lawyer Wahab Shittu that the advice was issued prematurely as the coroner’s inquest into Mohbad’s death was still ongoing. He said the move denied him and the public a fair hearing.
Speaking to reporters after the ruling, Shittu said his client would be heading to the appellate court.
“My client is ready to test the judgment on appeal,” he said.
In October 2023, the DPP had cleared Naira Marley, Sam Larry, Primeboy and Opere Babatunde of involvement in Mohbad’s death due to lack of evidence linking them to the tragedy. The advice stated that the suspects were discharged but not acquitted.
Mohbad died on September 12, 2023, under controversial circumstances, months after a public fallout with his former record label Marlian Music, owned by Naira Marley. His death sparked outrage across the country, with many accusing his former associates of bullying and abuse.Best headphones deals
Public pressure led to multiple arrests and the eventual arraignment of some suspects. The Lagos State Government also ordered a coroner’s inquest to determine the cause of death.
At the resumed hearing in May, the DPP represented by legal officer Ayinde Ibrahim, told the court that the legal advice was based on evidence before it, not the coroner’s inquest.
He also maintained that the criminal case file used to prepare the advice was not before the coroner and therefore, the opinion of the DPP could not be invalidated by the inquest.
Mohbad, known for songs like ‘Peace’, ‘Ask About Me’ and ‘Beast and Peace’, was buried a day after his death, prompting criticism. His body was later exhumed for autopsy.
The singer was 27 at the time of his death.