COURT DISMISSES MOHBAD’S FATHER’S APPLICATION TO QUASH LEGAL ADVICE CLEARING NAIRA MARLEY, SAM LARRY

An Ikeja High Court on Wednesday dismissed an application filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba, popularly known as Mohbad, seeking to nullify the legal advice that cleared music executive Azeez Fashola (alias Naira Marley) and show promoter Samson Balogun (alias Sam Larry) of any involvement in his son’s death.

The application, brought by the Aloba family through their lead counsel, Dr. Wahab Shittu (SAN), named the Attorney General of Lagos State and the Director of Public Prosecutions (DPP) as respondents.

In delivering her ruling, Justice Taiwo Olatokun held that the powers of the Lagos State Attorney General to decide whether or not to prosecute are constitutional, absolute, and not subject to judicial interference.

Shittu had argued that the DPP’s legal advice was issued without granting the Aloba family a fair hearing. He further contended that the advice, which exonerated Marley and Larry, pre-empted the outcome of the ongoing coroner’s inquest investigating the cause of Mohbad’s death.

According to the applicant, several key suspects identified during the coroner’s proceedings were prematurely discharged based on the DPP’s recommendations.

However, in their counter-affidavit, the respondents clarified that the individuals were not acquitted but merely discharged, pending further findings. They urged the court to dismiss the application in the interest of justice, stating that no directive was issued by the coroner requiring them to notify the inquest of the legal advice’s conclusions.

The court ultimately ruled in favour of the respondents, upholding the legality and finality of the attorney general’s prosecutorial discretion.