Aloba Joseph, the father of late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, has filed an application before the Lagos High Court in Ikeja, seeking a judicial review of the legal advice issued by the office of the State Director of Public Prosecution (DPP).
The application, filed on March 12, 2025, is brought ex-parte under Order 44 Rule 3 of the High Court of Lagos (Civil Procedure) Rules 2019, Section 36 of the 1999 Constitution, and the inherent jurisdiction of the court.
Through his lawyer, Senior Advocate of Nigeria Wahab Shittu, Mohbad’s father is seeking to quash the DPP’s legal advice concerning his son’s murder.
Mr. Aloba, who is suing on his behalf and that of the Aloba family, has joined the Attorney General of Lagos and the DPP as respondents in the case.
The applicant is asking the court to annul the DPP’s legal advice due to a lack of fair hearing, premature action in relation to the ongoing Coroner’s inquest—which has yet to conclude—and the release of key suspects implicated in the inquest.
In documents filed in support of the application, Mohbad’s father asserts that, due to his position, he is fully aware of the facts surrounding the case.
He states: “The death of Ilerioluwa Oladimeji Aloba, aka Mohbad, on September 11, 2023, was viewed as unnatural and suspicious, prompting me to petition for an inquest into the cause of death.”
“Pursuant to my request, an inquest was referred to the Coroner’s Court, which commenced hearings on September 23, 2023, and is yet to conclude.”
“While the Coroner’s proceedings remain ongoing, Magistrate Ejiro Kubenje, sitting at the Yaba Magistrate Court on February 26, 2025, and acting on the legal advice of the respondents, discharged and acquitted the four primary suspects—Abdul Azeez Fashola aka Naira Marley, Samson Balogun Eletu aka Sam Larry, Owodunni Ibrahim aka Prime Boy, and Opere Babatunde—who were implicated in Mohbad’s death.”
“The applicant only became aware of this legal advice when the suspects were discharged and acquitted in court.”
He continues: “The suspects discharged and acquitted by the respondents, based on their legal advice, were named and implicated in the Coroner’s proceedings and were summoned to testify, yet they have not appeared to provide evidence regarding their involvement in Mohbad’s death.”
Mr. Aloba further claims that both the police, represented by ASP Mohammed Yusuf from the Homicide Section of the State CID Panti, and the DPP, through Senior Counsel Mr. George, participated in the Coroner’s proceedings. However, the police investigation case was forwarded to the DPP without informing the Coroner’s Court. Despite this, the DPP issued legal advice, which led to the suspects’ discharge, undermining the Coroner’s investigation.
He asserts that the respondents’ actions have obstructed the Coroner’s statutory duties and preempted the Coroner’s inquest, which is unlawful and without jurisdiction. He adds that issuing legal advice while the inquest is still pending interferes with the investigation and compromises its integrity.
He further argues that the respondents’ conduct undermines the authority of the Coroner’s Court and could distort the outcome of the inquest, thus depriving the family of justice for Mohbad’s death.
“The applicant seeks the intervention of this Honourable Court to ensure justice is served for his son, as allowing the respondents’ legal advice to stand could diminish the seriousness of the Coroner’s proceedings and its capacity to provide justice,” he concludes.
Mr. Aloba has requested that the court grant this application, stating that such a ruling would not prejudice the respondents.
As of now, no judge has been assigned to hear the application, and no hearing date has been set.
