Joseph Aloba, the father of late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, has approached the Lagos State High Court in Ikeja to challenge the legal advice issued by the state’s Director of Public Prosecutions (DPP).

PREMIUM TIMES reported that Magistrate Ejiro Kubenje, relying on the DPP’s legal advice, ruled that the accused persons were innocent of any involvement in Mohbad’s death.

Mr Aloba, suing on behalf of himself and the Aloba family, is asking the court to nullify the legal advice that led to the discharge of four prime suspects—Abdulazeez Fashola (Naira Marley), Samson Balogun (Sam Larry), Owodunni Ibrahim (Prime Boy), and Pere Babatunde, the Punch reports.

The respondents in the suit, marked ID/6197MJR/2025, are the Lagos State Attorney General, Lawal Pedro (SAN), and the Director of Public Prosecutions, Babajide Martins.

Filed on 13 March by Mr Aloba’s counsel, Wahab Shittu (SAN), the motion ex-parte seeks an order to upturn the DPP’s decision based on the following:

“Denial of fair hearing, in violation of Section 36 of the 1999 Constitution. Pre-emption of the coroner’s inquest, which is still ongoing. The premature release of key suspects, who are yet to appear before the coroner’s court.”

In an 18-paragraph affidavit supporting his motion, the singer’s father argued that his son’s death on 11 September 2023 was “suspicious,” prompting him to demand an official inquest.

He stated that the coroner’s proceedings, led by Magistrate Adedayo Shotobi, commenced on 29 September 2023 and had “not been concluded.” However, while the inquest was still pending, Magistrate Ejiro Kubenje of the Yaba Magistrate Court, acting on the DPP’s advice, discharged and acquitted the suspects on 26 February.

Mr Aloba asserted that the discharged suspects were “implicated in the coroner’s proceedings” and had been summoned to testify but were “yet to do so.”

“The act of the respondents in issuing legal advice before the conclusion of the coroner’s inquest constitutes an obstruction of justice,” Mr Aloba’s affidavit reads.

He further stated, “The police, through ASP Mohammed Yusuf of the Homicide Section, State CID, Panti, and the respondent’s counsel, Mr George, participated in the coroner’s proceedings. Despite this, the case file was forwarded to the DPP without informing the coroner’s court.”

The late singer’s father argued that the DPP’s advice, which prompted the magistrate to free the suspects, was “issued without jurisdiction” and was “null and void.”

“The respondents, aware of the ongoing coroner’s inquest, proceeded to pre-empt its outcome by issuing legal advice that led to the discharge of the prime suspects. This act undermines the integrity of the inquest and obstructs the coroner’s statutory duty.”

Mr Aloba further emphasised that allowing the DPP’s legal advice to stand would “automatically diminish the credibility of the coroner’s court and its proceedings.” The application, brought under Order 44 Rule 3 of the Lagos High Court (Civil Procedure) Rules 2019, has not yet been assigned to a judge, and no date has been set for the hearing.

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Mohbad, a former Marlian Music signee, died on 12 September 2023 under unclear circumstances, leading to allegations against ex-boss Naira Marley, Sam Larry, his childhood friend Prime Boy, and his former manager. They were arrested for bullying and harassment but later granted bail in November 2023.

On 26 February, the Yaba Magistrate Court ruled that they had no case to answer regarding his death. However, the Lagos State DPP ruled that the auxiliary nurse who treated Mohbad, Feyisayo Ogedengbe, and his associate, Ayobami Sadiq, would “face prosecution.” According to the DPP, the two would be charged with “reckless and negligent acts, contrary to Section 251(e) of the Criminal Law of Lagos State, 2015.”

Since Mohbad’s passing, his family has been in disputes over his assets and the paternity of his son, Liam. His father, Joseph Aloba, has demanded justice, including an independent toxicology test and the reopening of the coroner’s inquest. He also insists on a DNA test for Liam, claiming Mohbad had doubts about his paternity. Omowunmi, Mohbad’s widow, dismissed the claims in an interview, saying Mr Aloba was more interested in his son’s properties. She agreed to a DNA test but accused him of “constantly evading the paternity test process.”