A Lagos Magistrate’s Court sitting in Yaba has ruled in favour of the legal advice provided by the Department of Public Prosecution (DPP).
The DPP’s advice urged the court to strike out the names of Abdulazeer Fashola (popularly known as Naira Marley), Samson Eletu (Sam Larry), Opere Babatunde, and Owodunni Ibrahim (Primeboy) from the charges relating to the death of Aloba Oladimeji Ileri-Oluwa (also known as Mohbad) due to a lack of evidence linking them to the crime.
Ruling on the matter yesterday, Magistrate E. Kubenje upheld the no-case submission for the quartet.
Kubenje stated that, after careful consideration, it was evident that a prima facie case of reckless and negligent acts, contrary to Section 251(e) of the Criminal Law, Chapter C.17, Volume 3, Laws of Lagos State, 2015, had been established against Feyisayo Ogedengbe (a nurse) and Ayobami Sadiq.
The Magistrate also acknowledged that while evidence showed that Naira Marley, Sam Larry, Babatunde, and Primeboy were involved in an unlawful assault, the offence did not meet the threshold for criminal responsibility in connection to Mohbad’s death.
Kubenje further noted that Mohbad had previously withdrawn his complaint against Naira Marley on October 11, 2022, regarding an alleged assault, stating that the matter had been amicably resolved. Consequently, Naira Marley and the others had no case to answer in this regard.
The court ruled that Ogedengbe and Sadiq should be prosecuted for recklessness and negligence, contrary to Section 251(e) of the Criminal Law, Chapter C.17, Volume 3, Laws of Lagos State, 2015, at the Magistrate’s Court.
Also, Magistrate Kubenje ordered that Sam Larry, Naira Marley, Primeboy, and Babatunde, who were found to have no case to answer, should be released if they were still in custody and remain under their previous bail conditions.
The Magistrate adjourned the case to March 24 for mention.