Court rejects Mohbad father's bid to quash legal advice freeing Naira Marley, others
The Lagos State High Court sitting in Ikeja has dismissed an application filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba (a.k.a Mohbad), seeking to nullify the legal advice issued by the state’s Directorate of Public Prosecutions (DPP) which cleared artistes Naira Marley, Sam Larry, and others of alleged involvement in the singer’s death.
Delivering judgment on the matter yesterday, Justice Taiwo Olatokun held that the powers of the Attorney-General of Lagos State exercised through the DPP on whether to prosecute or not, were valid and within the confines of the law.
“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”, the Justice Olatokun further held.
Mr. Aloba, represented by Wahab Shittu (SAN), had filed the suit against the Attorney General and the DPP, alleging a breach of fair hearing and accusing the prosecution of pre-empting the outcome of the ongoing coroner’s inquest into his son’s death.
Aloba, through his counsel, Shittu, had argued that the legal advice, which led to the release of the suspects, had undermined the integrity of the coroner’s proceedings.
However, the court upheld the DPP’s actions, noting that the suspects in question were not acquitted but merely discharged due to lack of sufficient evidence linking them to the singer’s death.
In a counter-affidavit filed on June 24, Ayinde Ibrahim, a legal officer in the DPP’s office, explained that the legal advice was based on a thorough review of the police case file.
He emphasized that neither the coroner nor the applicant had access to the detailed findings on which the decision was based.
“The legal advice did not find any direct or circumstantial evidence tying Naira Marley, Sam Larry, Prime Boy, or Babatunde Opere to the death of the deceased,” the DPP’s office stated. “Therefore, the advice to discharge them was in line with due process and the evidence available.”
