The Lagos State High Court sitting in Ikeja has scheduled July 2, 2025, to deliver its ruling on an application filed by Mr Joseph Aloba, the father of the late singer Ilerioluwa Aloba, popularly known as Mohbad.
Mr Aloba is seeking to overturn the legal advice issued by the Directorate of Public Prosecutions (DPP), which led to the release of musicians Naira Marley and Sam Larry from allegations surrounding his son’s death.
Justice Taiwo Olatokun fixed the judgment date after hearing submissions from both parties. Senior Advocate of Nigeria Wahab Shittu, representing the applicant, presented arguments in favour of the application, while Joke Amachree appeared on behalf of the respondents.
Mr Aloba, suing on behalf of the Aloba family, listed the Attorney General of Lagos State and the Director of Public Prosecutions as respondents. He argued that the DPP’s advice prematurely absolved certain individuals before the Coroner’s inquest had concluded its inquiry into Mohbad’s death.
Shittu raised concerns about an alleged lack of fair hearing and maintained that key suspects referenced during the Coroner’s proceedings had been prematurely cleared through the DPP’s legal advice.
In a counter affidavit dated June 24, Ayinde Ibrahim, a legal assistant in the DPP’s office, responded to the claims. He stated that the suspects were not exonerated but merely discharged, which is procedurally distinct from an acquittal.
Ibrahim, citing information obtained from Mr Oluwaseun Akinde, a Chief State Counsel at the DPP, clarified that the suspects’ release followed police investigation and was based on a thorough review of the case file. The case file, he explained, had been forwarded by police investigators to the DPP’s office for legal scrutiny.
“The respondents admit participating in the Coroner’s inquest into the death of the deceased and confirm receiving the case file from police investigators,” the affidavit stated. “However, contrary to the applicant’s claims, the suspects were discharged, not acquitted. The Coroner has not delivered any ruling implicating the released individuals.”
The DPP’s office urged the court to dismiss Mr Aloba’s application, arguing that the legal advice issued was the result of a statutory process grounded in evidence available to the prosecution, not speculation.
“The legal advice was based on facts contained in the police case file,” the respondents argued. “Neither the Coroner nor the applicant had access to that file, and thus cannot claim to understand the legal basis of our conclusion. There is no requirement for the DPP to seek the Coroner’s approval or to notify it before issuing legal advice.”
Further detailing the separation of roles, the DPP’s office explained that while the Coroner is mandated to establish the identity of the deceased, the time, place, and manner of death, the DPP’s function is to determine whether the case file reveals any prima facie criminal liability.
The respondents rejected several paragraphs of the applicant’s affidavit, stating that the allegations lacked any evidentiary backing and existed purely within “the realm of imagination.”
They also noted that Mr Aloba had not carried out any independent investigation or commissioned private detectives to uncover incriminating evidence. Witnesses at the inquest, they added, failed to present any verifiable new information linking Naira Marley, Sam Larry, Prima Boy, or Opere Babatunde to the death of the singer.
“After a comprehensive review of the case file, there was no factual basis linking the named individuals directly or indirectly to Mohbad’s death,” the DPP stated.
“The claims raised in this application are speculative and lack the substance necessary to overturn the legal advice.”
The court is expected to issue its decision on the matter on July 2, 2025.
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