Justice Taiwo Olatokun of the Lagos State High Court sitting in Ikeja dismissed a suit filed by Mr Joseph Aloba, the father of late singer Ilerioluwa Aloba, also known as Mohbad, seeking to overturn the Directorate of Public Prosecutions’ legal advice, which cleared music artists Naira Marley, Sam Larry, and others of alleged involvement in his son’s death.
In a decision issued on Wednesday, Justice Olatokun ruled that the Attorney General of Lagos State, acting through the DPP, has the constitutional right to decide whether or not to prosecute any suspect.
He also stated that such powers were not susceptible to judicial scrutiny in the way requested by the applicant.
“The powers of the Attorney General as conferred by the Constitution are not subject to judicial review in this context.
“Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed,” Justice Olatokun ruled.
Aloba, represented by Wahab Shittu, filed a complaint with the court alleging a violation of the right to a fair hearing.
He claimed that the DPP’s legal advice, which resulted in the suspects’ release, jeopardised the integrity of the ongoing coroner’s inquiry into Mohbad’s death.
However, the court rejected the claim, stating that the DPP’s judgement was lawful and based on available evidence.
It stated that the suspects, including Naira Marley, Sam Larry, Prime Boy, and Babatunde Opere, were not acquitted but rather released due to inadequate evidence linking them to Mohbad’s death.
In a counter-affidavit issued on June 24, 2025, Ayinde Ibrahim, a legal officer from the DPP’s office, indicated that the legal advice was based on a comprehensive assessment of the police case file.
He stated that neither the coroner nor the applicant had access to the whole findings on which the recommendation was based.
“The legal advice did not find any direct or circumstantial evidence tying the named suspects to the death of the deceased,” Ibrahim stated.
“Therefore, the advice to discharge them was in line with due process and the available evidence,” he said.
