The Ikeja High Court has dismissed a legal application filed by Mr. Joseph Aloba, father of the late musician Ilerioluwa Aloba, popularly known as Mohbad, seeking to nullify the legal advice that cleared Azeez Fashola (also known as Naira Marley) and music promoter Samson Balogun (also known as Sam Larry) of involvement in the singer’s death.
Aloba, through his legal representative, Dr. Wahab Shittu (SAN), filed the motion against the Attorney General of Lagos State and the Director of Public Prosecutions (DPP), challenging the decision that absolved Marley and Balogun.
In her ruling on Wednesday, Justice Taiwo Olatokun held that the authority of the Lagos State Attorney General to determine whether or not to initiate prosecution is constitutionally guaranteed and not subject to judicial interference.
Shittu argued that the DPP’s legal advice denied the family fair hearing and prematurely cleared individuals who had been named during the ongoing coroner’s inquest into Mohbad’s death. He contended that this action undermined the inquest, which is yet to reach a conclusion.
However, in a counter-response, the respondents emphasized that the individuals in question were not acquitted but simply released based on available evidence. They further stated that there was no obligation for the DPP to notify the coroner before issuing the legal advice.
They urged the court to dismiss the application to uphold justice.
Justice Olatokun, agreeing with the respondents’ position, dismissed the case and reaffirmed the discretionary power of the Attorney General in matters of prosecution.
