The Lagos High Court sitting in Ikeja has granted the father of late Mohbad, Joseph Aloba, permission to challenge the legal advice of the Director of Public Prosecutions (DPP), which freed Abdulazeez Fashola (popularly known as Naira Marley) and two others on allegations of being involved in his son’s death.
Justice Taiwo Olatokun also granted Aloba leave to serve the motion on notice for judicial review on the Lagos State Attorney General and Commissioner for Justice, Lawal Pedro (SAN).
The ex parte order granting leave and the hearing notice are also to be served on the attorney general.
Aloba is asking the court to order a judicial review to quash the DPP’s legal advice and the order of Magistrate Ejiro Kubenje’s which discharged and acquitted four suspects, Abdulazeez Fashola (also known as Naira Marley), Samson Balogun Eletu (A.K.A. Sam Larry), Owoduni Ibrahim (A.K.A. Prime Boy), and Pere Babatunde, as unlawful.
The court granted the motion ex parte for the review after listening to the counsel representing Mohbad’s father, Wahab Shittu (SAN).
Hearing in the case has been fixed for June 17.
In the documents put before the court, late Mohbad’s father cited a lack of a fair hearing as one of the grounds for the application.
He also said the DPP’s legal advice freeing the duo of Naira Marley and Sam Larry pre-empted the proceedings of the coroner’s inquest, which had yet to conclude its enquiry into the cause of death of the late Mohbad.
Pursuant to the Applicant’s request to determine the circumstances leading to death of his son, the inquest was referred to the Coroner’s Court with suit no. COR/IKD/10/2023 before Coroner Magistrate T. A. Shotobi and commenced sitting on September 29, 2023, and the proceeding is yet to be concluded,” he stated.
That while the proceeding is yet to be concluded by the Coroner’s Court, on the 26th February 2025, Magistrate Ejiro Kubenje sitting at Yaba Magistrate Court acting on the legal advice of the Respondents discharged and acquitted the four prime suspects, AbdulAzeea Fashola aka Naira Marley, Samason Balogun Eletu aka Sam Larry and Owoduni Ibrahim aka Prime Boy, and Opere Babatunde in the controversial death of late Ilerioluwa Oladimeji Aloba AKA Mohbad.
Mohbad’s father also noted that vital suspects mentioned and implicated in the Coroner’s proceeding have been allegedly freed by the DPP’s legal advice.
That the discharged and acquitted suspects by the Respondents pursuant to their legal advice have been mentioned and implicated in the Coroner’s proceedings and have been summoned and are yet to appear and give evidence as to their role in the death of late Ilerioluwa Oladimeji Aloba AKA Mohbad,” he said.
That the Police through one ASP Mohammed Yusuf attached to the Homicide Section, State CID Panti, and the respondents through their Senior Counsel, George, participated in the coroner’s proceedings.
The State CID, Panti, forwarded the case containing their investigation to the respondents without informing the Coroner’s Court and while both offices, particularly the respondents, were aware of the coroner’s inquest proceed to issue legal advice which prompted the magistrate court to discharge and acquit the prime suspects in the controversial death of late Ilerioluwa Oladimeji Aloba, also known as Mohbad,” he aaded.
Aloba stated that the act of the Lagos State Attorney General and the DPP clearing the suspects is without due regards to the Coroner’s Court, constitutes an obstruction of the Coroner in the exercise of its statutory duties.
He also stated that failure to allow the coroner to conclude its proceedings before issuing the legal advice was pre-empting the outcome of the decision of the coroner and was done without jurisdiction, which made it null and void.
He is therefore seeking the intervention of the court to get justice for the death of his son as allowing the DPP’s legal advice to stand may automatically put an end to the seriousness of the Coroner’s Court and its proceedings.
