The Lagos State High Court sitting in Ikeja has dismissed an application filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba, popularly known as Mohbad. Mr. Aloba had sought to quash the legal advice issued by the Director of Public Prosecutions (DPP), which led to the release of Naira Marley, Sam Larry, and others initially linked to Mohbad’s death.
In her judgment on Wednesday, Justice Taiwo Olatokun ruled that the Attorney General’s powers—exercised through the DPP—to determine whether to prosecute or not were validly and lawfully exercised. She held that those powers cannot be challenged in the manner sought by the applicant.
“The reliefs sought by the applicant cannot be granted,” Justice Olatokun ruled, affirming that the DPP’s prosecutorial discretion remains legally protected. The court consequently dismissed the application in its entirety.
Mr. Aloba, who appeared in court alongside supporters of the late Mohbad, expressed disappointment with the ruling.
While counsel for the DPP declined to comment, Mr. Aloba’s lawyer, Senior Advocate of Nigeria Wahab Shittu, said his client intended to challenge the decision at the Court of Appeal.
Background
The suit, filed by Mr. Aloba on behalf of the Aloba family, listed the Attorney General of Lagos State and the DPP as respondents. Through his lawyer, Aloba argued that the DPP’s legal advice was premature and prejudiced, as it came before the conclusion of the ongoing Coroner’s inquest into Mohbad’s death.
He also claimed a lack of fair hearing and alleged that several individuals named in the Coroner’s proceedings had been released without thorough judicial scrutiny.
However, in a counter-affidavit filed on June 24, Ayinde Ibrahim, a legal officer in the DPP’s office, clarified that the suspects were not acquitted but merely discharged. The DPP maintained that the legal advice was based on the available criminal case file, which neither the Coroner nor the applicant had access to.
The DPP further stated that the investigation revealed no credible evidence directly or indirectly linking Naira Marley, Sam Larry, Primeboy, or Opere Babatunde to Mohbad’s death. This absence of evidence, they argued, formed the basis for their discharge.
The court’s decision marks a pivotal moment in the legal proceedings surrounding the controversial death of the 27-year-old artist.
