- Justice Taiwo Olatokun dismissed the suit by Mohbad’s father challenging the DPP’s legal advice that cleared Naira Marley, Sam Larry, and others of involvement in the singer’s death.
- The court ruled the Lagos State Attorney General, through the DPP, has constitutional authority to decide on prosecutions, and this power is not subject to judicial review.
- A DPP legal officer stated the advice was based on a thorough review of evidence, finding no direct or circumstantial proof linking the suspects to Mohbad’s death.
Justice Taiwo Olatokun of the Lagos State High Court in Ikeja has dismissed the case brought by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba, also known as Mohbad.
The suit sought to overturn the legal opinion given by the Directorate of Public Prosecutions (DPP), which cleared Naira Marley, Sam Larry, and other music artists of any involvement in Mohbad’s death.
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In a ruling handed down on Wednesday, Justice Olatokun affirmed that the Lagos State Attorney General, through the DPP, holds the constitutional power to decide whether to initiate prosecution against any suspect. He underscored that this authority “is not subject to judicial review in this context.”
The judge declared,
“Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed.”
Aloba, through his lawyer Wahab Shittu, had alleged that his right to a fair hearing was violated. He argued that the DPP’s advice leading to the suspects’ release compromised the integrity of the ongoing coroner’s inquest into Mohbad’s death.
However, the court dismissed these assertions, ruling that the DPP’s actions were lawful and firmly grounded in the evidence.
The court further explained that the suspects—including Naira Marley, Sam Larry, Prime Boy, and Babatunde Opere—were not formally acquitted but discharged due to insufficient proof linking them to the death.
In a counter-affidavit submitted on June 24, 2025, Ayinde Ibrahim, a legal officer at the DPP’s office, said the legal advice was based on a comprehensive review of the police investigation file.
He added,
“Neither the coroner nor the applicant had access to the full findings upon which the advice was based.”
Ibrahim concluded,
“The legal advice did not find any direct or circumstantial evidence tying the named suspects to the death of the deceased. Therefore, the advice to discharge them was in line with due process and the available evidence.”
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