By Prince Woke
An Ikeja High Court on Wednesday dismissed an application filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba, popularly known as Mohbad.
Aloba had sought to overturn the legal advice that exonerated music label owner Azeez Fashola, also known as Naira Marley, and promoter Samson Balogun, alias Sam Larry, from any involvement in his son’s death.
The application was filed through his lead counsel, Dr. Wahab Shittu (SAN), on behalf of the family. The Attorney General of Lagos State and the Director of Public Prosecutions (DPP) were listed as respondents.
Delivering judgment, Justice Taiwo Olatokun held that the powers of the Attorney General of Lagos State to prosecute or not to prosecute were absolute and could not be questioned. She therefore dismissed the application.
Shittu had argued that the DPP’s legal advice, which cleared Marley and Larry of wrongdoing, violated the principle of fair hearing and pre-empted the outcome of the ongoing coroner’s inquest into Mohbad’s death. He maintained that several suspects mentioned during the inquest were prematurely cleared based on the DPP’s advice.
In response, the respondents contended that the suspects were not acquitted but merely discharged. They urged the court to dismiss the application, arguing it lacked merit and was not in the interest of justice.
They further stated that at no point did the coroner issue a directive requiring the DPP to inform the inquest of the legal advice’s conclusion, which was being challenged by the applicant.
