Joseph Aloba, father of the late singer Mohbad, has filed a lawsuit at a high court in Ikeja, seeking to overturn the legal advice given by the Lagos state director of public prosecutions (DPP) regarding his son’s death.
Ejiro Kubenje, the presiding judge at the Yaba magistrate court, ruled last month that “Abdulazeez Fashola (Naira Marley), Samson Balogun (Sam Larry), Owodunni Ibrahim (Prime Boy), and Pere Babatunde” were not guilty of any allegations related to Mohbad’s death.
Acting on the DPP’s advice, Kubenje discharged the four suspects, stating they had “no case to answer.”
However, the Lagos DPP announced that “Feyisayo Ogedengbe, the auxiliary nurse who treated Mohbad, and Ayobami Sadiq, one of the singer’s friends,” would be prosecuted for reckless and negligent acts.
In a suit filed on behalf of his family, Aloba challenged the exoneration of what he called the “key suspects” in the case.
The respondents listed in the suit include “Lawal Pedro, Lagos state attorney general, and DPP Babajide Martins.”
Wahab Shittu, Aloba’s lawyer, filed the motion on March 13, arguing that the DPP’s legal advice should be nullified due to “denial of fair hearing, pre-emption of the ongoing coroner’s inquest, and the premature release of key suspects.”
In an 18-paragraph affidavit, Aloba described Mohbad’s death on “September 11, 2023,” as “suspicious,” prompting an official inquest that began on “September 29, 2023,” before coroner magistrate “Adedayo Shotobi.”
Despite the ongoing inquest, Kubenje acted on the DPP’s recommendation and discharged Mohbad’s former label boss, a music promoter, and other suspects.
Aloba argued that the suspects had been “implicated” in the coroner’s proceedings and had not yet testified.
He claimed the DPP’s legal advice was issued “without jurisdiction and amounted to obstructing the coroner’s investigation.”
Aloba called on the court to intervene to ensure justice for his son’s death.
“The discharged and acquitted suspects by the respondents pursuant to their legal advice have been mentioned and implicated in the Coroner’s proceedings and have been summoned and are yet to appear and give evidence as to their role in the death of Mohbad,” the documents read in part.
“The police through one ASP Mohammed Yusuf attached to the homicide section of the State Criminal Investigation Department, Panti and the respondents through their senior counsel, Mr George, 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 who are aware of the Coroner’s inquest, proceeded to issue legal advice which prompted the Magistrate Court to discharge and acquit the prime suspects.
“That I know as a fact that the act or omission of the respondents is without due regard to the Coroner’s court which constitutes an obstruction of the coroner in the exercise of its statutory duties.
“That I know as a fact that the respondents’ failure to allow the Coroner to conclude its proceeding and proceeding to issue the legal advice is pre-empting the outcome of the decision of the Coroner and is done without jurisdiction and is null and void.
“That I know as a fact that the act or omission of the respondents issuing legal advice in respect of the matter upon which an inquest is being conducted amounted to obstructing and interfering with the Coroner’s investigation and potentially influencing the outcome.
“That I know as a fact that the act or omission of the respondents issuing legal advice which constituted an affront to the executive jurisdiction of the Coroner, the power to conduct inquests into suspicious and unnatural death is expected to run its course without external interference.
“That I know as a fact that the act or omission of the respondents, apart from being pre-emptive of the Coroner’s proceedings, undermines the integrity of the inquest and potentially compromises the outcome of the coroner’s investigation.
“That I know as a fact that the act or omission of the respondents while aware that the Coroner‘s inquest is still pending is to overreach the outcome of the Coroner’s inquest and is improper.
“The applicant needs the intervention of this court to get justice for the death of his son otherwise allowing the legal advice from the respondents to stay may automatically put an end to the seriousness of the Coroner’s Court and its proceedings.”
Mohbad passed away on “September 12, 2023,” under unclear circumstances, sparking widespread reactions and demands for justice on social media.
In “October 2023,” “Naira Marley and Sam Larry” were arrested over allegations of involvement in the singer’s death.
They were released on bail in “November 2023,” after spending over five weeks in detention.
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