Court Upholds DPP’s Power, Dismisses Mohbad’s Father’s Suit Over Suspect Exoneration

A Lagos High Court sitting in Ikeja has dismissed a suit filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba, popularly known as Mohbad, challenging the legal advice issued by the Lagos State Director of Public Prosecutions (DPP), which cleared several individuals of involvement in the singer’s death.

Justice Taiwo Olatokun, who delivered the judgment on Tuesday, ruled that the Attorney-General of Lagos State, acting through the DPP, has the constitutional power to determine whether or not to prosecute any individual, and such decisions cannot be challenged or overturned by the court.

Mr. Aloba had approached the court to challenge the DPP’s legal advice which exonerated music promoter Azeez Fashola (a.k.a. Naira Marley), Balogun Eletu (Sam Larry), Ibrahim Owodunni (Primeboy), and a nurse, Opere Babatunde, citing insufficient evidence linking them to Mohbad’s death. The advice was issued in October 2023 following a police investigation.

In the suit, Aloba argued that the legal advice was premature and unlawful, having been issued before the conclusion of a coroner’s inquest into Mohbad’s death. He also claimed it denied his family a fair hearing and justice for their son.

But Justice Olatokun, in her ruling, held that the discharge of the suspects did not amount to an acquittal and that the DPP acted within the scope of the law based on evidence made available through the police investigation. She noted that neither the coroner’s court nor the family had access to the same evidence the DPP relied upon.

“The decision of the DPP is an exercise of prosecutorial discretion, which is not subject to judicial review,” the court stated.

Speaking after the judgment, counsel to Mr. Aloba, Wahab Shittu (SAN), expressed disappointment with the ruling and vowed to appeal the decision, insisting that the family deserves justice and that the coroner’s process must be respected.

Mohbad died under controversial circumstances on September 12, 2023, sparking widespread outrage and calls for justice.

His father has maintained that the singer’s death was suspicious and demanded accountability from those previously linked to allegations of harassment and threats against him.

With the suit now dismissed, the court has affirmed the legal authority of the DPP’s decision, but Mr. Aloba’s legal team has vowed to appeal the ruling, maintaining that the pursuit of justice for Mohbad will continue at the Court of Appeal.