MOHBAD’S FATHER APPEALS COURT RULING UPHOLDING LAGOS DPP’S LEGAL ADVICE CLEARING NAIRA MARLEY, SAM LARRY
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By Aishat Momoh. O.
Mr. Joseph Aloba, father of the late singer Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, has filed an appeal against the ruling of an Ikeja High Court that upheld the legal advice issued by the Lagos State Directorate of Public Prosecutions (DPP), which cleared music executive Naira Marley, socialite Sam Larry, and others of involvement in his son’s death.
The appeal, filed by Mr. Aloba’s counsel, senior lawyer Wahab Shittu (SAN), challenges the July 2, 2025 ruling by Justice Taiwo Olatokun, which dismissed his application seeking to nullify the DPP’s legal advice. The High Court had ruled that the Attorney General of Lagos State, through the DPP, acted within constitutional powers and that such prosecutorial discretion is not subject to judicial review.
“The powers of the Attorney General as conferred by the Constitution are not subject to judicial review in this context,” Justice Olatokun stated in her decision. “Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed.”
Dissatisfied with the ruling, Mr. Aloba is asking the Appeal Court to issue an order of certiorari to quash the legal advice referenced LJP/HOM/2023/170, which he believes unjustly absolved the individuals suspected in his son’s controversial death. He is also seeking a judgment in favour of the appeal.
The Lagos State Attorney General and the Director of Public Prosecution are listed as 1st and 2nd respondents in the appeal, marked ID/6197MJR/25.
Among the grounds of appeal, Mr. Aloba contends that the lower court erred in law by declaring the Attorney General’s powers under Section 211(1) of the Constitution as absolute and beyond judicial scrutiny. He argued that while the AG has discretion on whether to prosecute, such powers must be exercised with consideration for public interest, the interest of justice, and the need to prevent abuse of judicial process.
Mr. Aloba further asserted that the decision to issue legal advice in the matter despite ongoing proceedings under the Lagos State Coroner Systems Law 2015 was premature, unconstitutional, and contrary to public interest.
The appeal has intensified public scrutiny over the handling of Mohbad’s death, which sparked nationwide protests and calls for justice following the singer’s sudden and controversial demise in 2023.
No date has been set yet for the hearing of the appeal.
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