The Lagos State High Court in Ikeja has granted Mr. Joseph Aloba, father of the late musician Ilerioluwa Aloba (known as Mohbad), the right to challenge the Director of Public Prosecutions’ (DPP) legal advice that cleared Naira Marley (Azeez Fashola) and others of involvement in his son’s tragic death.

Justice Taiwo Olatokun, who presided over the matter, approved Joseph Aloba’s request to pursue a judicial review.

The court also ordered that the motion on notice, along with the hearing and court orders, be served to the Lagos State Attorney General and Commissioner for Justice, Lawal Pedro, SAN.

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In an ex parte motion submitted to the court, Joseph Aloba, through his lawyer Wahab Shittu, SAN, sought to have the DPP’s advice, which exonerated Naira Marley, Samson Eletu (Sam Larry), Owodunni Ibrahim (Prime Boy), and Babatunde Pere, set aside. Aloba argued that the advice was rushed and legally flawed.

He further contended that both the legal advice and the subsequent release of the suspects by the Yaba Magistrate Court were premature, undermining the ongoing coroner’s inquest investigating the circumstances of his son’s controversial death.

Aloba pointed out that the coroner’s inquest, which began on September 29, 2023, had not yet completed its investigation when the DPP issued the legal advice and the suspects were acquitted. He noted, “Pursuant to the Applicant’s request to determine the circumstances leading to the death of his son, the inquest was referred to the Coroner’s Court with suit no. COR/IKD/10/2023 before Coroner Magistrate T. A. Shotobi and commenced sitting on September 29, 2023, and the proceeding is yet to be concluded.”

The motion continued, “That while the proceeding is yet to be concluded by the Coroner’s Court, on the 26th February 2025, Magistrate Ejiro Kubenje sitting at Yaba Magistrate Court acting on the legal advice of the Respondents discharged and acquitted the four prime suspects—AbdulAzeez Fashola aka Naira Marley, Samason Balogun Eletu aka Sam Larry, Owoduni Ibrahim aka Prime Boy, and Babatunde Pere—in the controversial death of late Ilerioluwa Oladimeji Aloba aka Mohbad.”

Joseph Aloba also noted that several individuals identified by the coroner’s inquest were released before they could clarify their roles in the case. He argued that the police and DPP acted without informing the coroner, interfering with the statutory duties of the inquest.

“The police and the respondents, through their senior counsel, participated in the coroner’s proceedings. The State CID, Panti, forwarded the case containing their investigation to the respondents without informing the Coroner’s Court, and while both offices, particularly the respondents, were aware of the coroner’s inquest, they proceeded to issue legal advice which prompted the magistrate court to discharge and acquit the prime suspects in the controversial death of late Ilerioluwa Oladimeji Aloba, also known as Mohbad,” the document concluded.

The case is scheduled for hearing on June 17.

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