In a significant legal development, the Lagos High Court sitting in Ikeja has dismissed an application filed by Mr. Joseph Aloba, father of the late music star Ilerioluwa Aloba, popularly known as Mohbad. The suit sought to compel the Lagos State Government to prosecute music executive Azeez Fashola (aka Naira Marley) and show promoter Samson Balogun (aka Sam Larry) in connection with the singer’s controversial death.
Justice Taiwo Olatokun, delivering judgment on Wednesday, ruled that the Attorney General of Lagos State holds absolute discretion in deciding whether or not to initiate criminal prosecution. The court emphasized that this constitutional power could not be challenged or overridden by external parties.
The application, brought on behalf of the Aloba family by Senior Advocate of Nigeria, Dr. Wahab Shittu, argued that the Director of Public Prosecution’s (DPP) legal advice, which cleared Marley and Larry of wrongdoing, was premature and undermined the ongoing Coroner’s Inquest into Mohbad’s death. The family alleged a lack of fair hearing and claimed that key suspects were discharged without due process.
In response, the DPP’s office maintained that the suspects were not acquitted but merely discharged due to insufficient evidence. The court agreed, stating that the DPP’s actions were within legal bounds and based on a comprehensive review of the case file.
Following the ruling, the Aloba family expressed disappointment and announced plans to appeal the decision. “We strongly believe in the merit of our case and are ready to test the judgment on appeal,” said Dr. Shittu outside the courtroom.
The case continues to draw national attention, with many Nigerians still seeking clarity and justice over the untimely death of the 27-year-old artist, who passed away in September 2023 under mysterious circumstances.