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Mohbad's dad appeals dismissed application to nullify DPP's advice

Published 2 days ago2 minute read
MohBad

Mr Joseph Aloba, the father of late Ilerioluwa  Oladimeji Aloba (aka Mohbad), has appealed the ruling of an Ikeja High Court which dismisses his application seeking to nullify the legal advice absolving Naira Marley, Sam Larry and others of the death of the late music star.

Justice Taiwo Olatokun had on July 2  ruled 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,” the court held. “Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed.”

Listed as 1st and 2nd defendants in the appeal, ID/6197MJR/25 filed by his lawyer, Wahab Shittu (SAN), are the Lagos State Attorney General and Director of Public Prosecution.

Joseph Aloba, through his counsel, Wahab Shittu, is seeking two reliefs from the Appeal Court  including an order of certiriorari to remove for the purpose of being quashed, the legal advice, ref. LJP/HOM/2023/170 in respect of murder case of late Ilerioluwa Oladimeji Aloba a k a Mohbad.

He is also seeking an order allowing the appeal of the appellant.

The grounds of the appeal included that the trial court erred in law when it held that the powers of the Lagos AG under section 211(1) of the Constitution are settled and unassailable… that the AG prosecutorial power is absolute and non-justiciable, subject only to politically or public accountability.

Another relief sought was that in exercising its power, the AG of Lagos State shall have regard to “public interest, the interest of justice and need to prevent abuse of judicial process.”

The appellant also averred that the powers by the AG, notwithstanding the on-going proceedings of the coroner systems law 2015 is not in the public interest and constitution and constitute  an abuse of judicial process.

Origin:
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The Nation Newspaper
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