Mohbad’s Father Appeals Court Ruling Upholding Legal Advice Clearing Naira Marley, Sam Larry.
The Court of Appeal is yet to schedule a date for hearing the case.
Joseph Aloba, father of the late Nigerian singer, Ilerioluwa Aloba popularly known as Mohbad, has filed an appeal challenging a recent ruling by the Lagos State High Court that upheld the legal advice of the Director of Public Prosecutions (DPP), which cleared music artist Naira Marley and show promoter Sam Larry of any involvement in his son’s death.
In a notice of appeal filed on Monday, July 7, Aloba, through his lawyer Wahab Shittu (SAN), argued that the lower court erred in law when it ruled that the Attorney General’s powers under Section 211(1) of the 1999 Constitution are “absolute, unassailable, and non-justiciable,” except for public or political accountability.
The appeal faulted Justice Taiwo Olatokun’s judgment, insisting that she failed to consider Section 211(3) of the Constitution, which requires the Attorney General, in exercising prosecutorial powers, to act in the public interest, ensure justice, and prevent abuse of legal process.
Citing the case of Elias Madukaegbu v. The State, Aloba argued that the Attorney General’s decision to issue legal advice freeing the suspects—despite ongoing proceedings under the Lagos State Coroner’s Law of 2015—was premature, unjust, and amounted to an abuse of judicial process.
Aloba Seeks Certiorari Order
Aloba is urging the appellate court to:
Uphold his appeal, and
Issue an order of certiorari to quash the legal advice and recommendations by the DPP and the Attorney General in connection with Mohbad’s death.
Background of the Dispute
On July 2, 2025, Justice Olatokun dismissed Aloba’s application to nullify the DPP’s legal advice. She ruled that the Attorney General, through the DPP, acted within constitutional authority, and as such, the court had no grounds to overturn the decision.
Aloba had taken the matter to court on behalf of the Aloba family, arguing that the DPP’s decision lacked transparency and denied the family fair hearing. His legal team claimed the advice was issued prematurely and undermined the Coroner’s inquest, which had not concluded its investigation into Mohbad’s cause of death.
They also argued that key individuals named during the inquest were released by the DPP without proper consideration of the full facts.
DPP's Defense
In a counter affidavit filed on June 24, Ayinde Ibrahim, a legal officer in the DPP’s office, maintained that the suspects were not acquitted but only discharged based on the available evidence.
He explained that the DPP acted on a thorough review of the criminal case file, which neither the Coroner nor Aloba’s legal team had access to. He said no evidence—either direct or circumstantial—linked Naira Marley, Sam Larry, or others such as Prima Boy and Opere Babatunde to Mohbad’s death.
The DPP therefore argued that the legal advice was appropriate and called on the court to dismiss the application in the interest of justice.
The Court of Appeal is yet to fix a date for hearing Aloba’s appeal.
Mohbad’s Father Appeals Court Ruling Upholding Legal Advice Clearing Naira Marley, Sam Larry.
The Court of Appeal is yet to schedule a date for hearing the case.
Joseph Aloba, father of the late Nigerian singer, Ilerioluwa Aloba popularly known as Mohbad, has filed an appeal challenging a recent ruling by the Lagos State High Court that upheld the legal advice of the Director of Public Prosecutions (DPP), which cleared music artist Naira Marley and show promoter Sam Larry of any involvement in his son’s death.
In a notice of appeal filed on Monday, July 7, Aloba, through his lawyer Wahab Shittu (SAN), argued that the lower court erred in law when it ruled that the Attorney General’s powers under Section 211(1) of the 1999 Constitution are “absolute, unassailable, and non-justiciable,” except for public or political accountability.
The appeal faulted Justice Taiwo Olatokun’s judgment, insisting that she failed to consider Section 211(3) of the Constitution, which requires the Attorney General, in exercising prosecutorial powers, to act in the public interest, ensure justice, and prevent abuse of legal process.
Citing the case of Elias Madukaegbu v. The State, Aloba argued that the Attorney General’s decision to issue legal advice freeing the suspects—despite ongoing proceedings under the Lagos State Coroner’s Law of 2015—was premature, unjust, and amounted to an abuse of judicial process.
Aloba Seeks Certiorari Order
Aloba is urging the appellate court to:
Uphold his appeal, and
Issue an order of certiorari to quash the legal advice and recommendations by the DPP and the Attorney General in connection with Mohbad’s death.
Background of the Dispute
On July 2, 2025, Justice Olatokun dismissed Aloba’s application to nullify the DPP’s legal advice. She ruled that the Attorney General, through the DPP, acted within constitutional authority, and as such, the court had no grounds to overturn the decision.
Aloba had taken the matter to court on behalf of the Aloba family, arguing that the DPP’s decision lacked transparency and denied the family fair hearing. His legal team claimed the advice was issued prematurely and undermined the Coroner’s inquest, which had not concluded its investigation into Mohbad’s cause of death.
They also argued that key individuals named during the inquest were released by the DPP without proper consideration of the full facts.
DPP's Defense
In a counter affidavit filed on June 24, Ayinde Ibrahim, a legal officer in the DPP’s office, maintained that the suspects were not acquitted but only discharged based on the available evidence.
He explained that the DPP acted on a thorough review of the criminal case file, which neither the Coroner nor Aloba’s legal team had access to. He said no evidence—either direct or circumstantial—linked Naira Marley, Sam Larry, or others such as Prima Boy and Opere Babatunde to Mohbad’s death.
The DPP therefore argued that the legal advice was appropriate and called on the court to dismiss the application in the interest of justice.
The Court of Appeal is yet to fix a date for hearing Aloba’s appeal.