Court Dismisses Mohbad’s Father’s Bid to Quash Legal Advice Freeing Naira Marley, Others

The Lagos High Court sitting in Ikeja has dismissed an application filed by Joseph Aloba, father of the late singer Mohbad, seeking to quash the legal advice issued by the Director of Public Prosecution (DPP) that cleared Naira Marley, Sam Larry, and others of involvement in his son’s death.

In a ruling delivered on Wednesday, Justice Taiwo Olatokun held that the powers exercised by the Attorney General, through the DPP, in deciding whether or not to prosecute were properly and validly exercised.

“The powers of the Attorney General on whether to prosecute or not were validly exercised,” the judge stated.

Justice Olatokun further emphasized that such prosecutorial discretion could not be legally challenged in this instance, ruling that the reliefs sought by the applicant could not be granted.

“The powers of the Attorney General (acting through the DPP) could not be questioned,” she added.

The court consequently dismissed the application.

While legal representatives from the DPP’s office declined to comment on the judgment, the applicant’s counsel, Wahab Shittu, SAN, confirmed that his client intends to appeal the decision.

“My client is ready to test the judgment on appeal,” Shittu said.

Background:

Joseph Aloba filed the suit on behalf of the Aloba family, naming the Attorney General of Lagos State and the Director of Public Prosecution as respondents.

Represented by Shittu, Aloba alleged that his right to fair hearing was breached. He argued that the DPP’s legal advice, which exonerated Naira Marley, Sam Larry, Prima Boy, and Opere Babatunde, pre-empted the outcome of the Coroner’s inquest, which is still ongoing.

According to the application, vital suspects who were implicated in the Coroner’s proceedings were prematurely discharged by the DPP, undermining the integrity of the judicial process.

However, in a counter affidavit dated June 24, Ayinde Ibrahim, a legal assistant from the DPP’s office, refuted these claims. Ibrahim clarified that the suspects were not acquitted, but only discharged based on the available evidence.

The DPP’s office maintained that its legal advice was based on a comprehensive review of the criminal case file, which contained sensitive information not available to the Coroner or the applicant. It concluded that there was no evidence linking Naira Marley, Sam Larry, Prima Boy, or Opere Babatunde, either directly or remotely, to Mohbad’s death.

“There was no fact disclosed which linked Naira Marley, Sam Larry, Prima Boy, and Opere Babatunde directly or remotely to the death of Mohbad,” the DPP’s statement read.

As it stands, the legal advice remains in force, and the suspects have been discharged, though not acquitted.