Justice Taiwo Olatokun of the Lagos State High Court has dismissed a suit filed by Mr. Joseph Aloba, father of late singer Ilerioluwa Aloba, popularly known as Mohbad, seeking to nullify the legal advice issued by the Directorate of Public Prosecutions, which cleared music artistes Naira Marley, Sam Larry, and others of alleged involvement in his son’s death.
In a ruling delivered on Wednesday, Justice Olatokun held that the Attorney General of Lagos State, acting through the DPP, had the constitutional authority to determine whether or not to prosecute any suspect.
He added that such powers were not subject to judicial review in the manner sought by the applicant.
“The powers of the Attorney General as conferred by the Constitution are not subject to judicial review in this context. Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed,” Justice Olatokun ruled.
Aloba, represented by Wahab Shittu, had approached the court alleging a breach of fair hearing.
He argued that the DPP’s legal advice, which resulted in the release of the suspects, undermined the integrity of the ongoing coroner’s inquest into Mohbad’s death.
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But the court rejected the claim, affirming that the DPP’s decision was lawful and based on the available evidence.
It clarified that the suspects, including Naira Marley, Sam Larry, Prime Boy, and Babatunde Opere, were not acquitted but discharged due to insufficient evidence linking them to the singer’s death.
In a counter-affidavit filed on June 24, 2025, a legal officer from the DPP’s office, Ayinde Ibrahim, explained that the legal advice was the result of a thorough review of the police case file.
He stated that neither the coroner nor the applicant had access to the full findings upon which the advice was based.
“The legal advice did not find any direct or circumstantial evidence tying the named suspects to the death of the deceased,” Ibrahim stated.
“Therefore, the advice to discharge them was in line with due process and the available evidence,” he said.
Punch Newspaper
