Joseph Aloba, Mohbad’s father, has filed a lawsuit at a high court in Ikeja, seeking to overturn the legal advice issued by the Lagos state director of public prosecutions (DPP) regarding the singer’s death.
Ejiro Kubenje, presiding judge at the Yaba magistrate court,
had last month ruled that Abdulazeez Fashola (Naira Marley), Samson Balogun
(Sam Larry), Owodunni Ibrahim (Prime Boy), and Pere Babatunde were innocent of
any allegations in Mohbad’s death.
Kubenje, who acted on the DPP’s advice, discharged the four
suspects and declared they had “no case to answer”.
However, the Lagos DPP announced that it would prosecute
Feyisayo Ogedengbe, the auxiliary nurse who treated Mohbad, and Ayobami Sadiq,
one of the singer’s friends, for reckless and negligent acts.
In a suit filed on behalf of himself and his family, Aloba
challenged the exoneration of the “key suspects” from the case.
The respondents in the suit are Lawal Pedro, Lagos state
attorney general, and DPP Babajide Martins.
Wahab Shittu, Aloba’s lawyer, submitted the motion on March
13, arguing that the DPP’s legal advice should be nullified over “denial of
fair hearing, pre-emption of the ongoing coroner’s inquest, and the premature
release of key suspects”.
In an 18-paragraph affidavit, Aloba said Mohbad’s death on
September 11, 2023, was “suspicious”, prompting an official inquest, which
began on September 29, 2023, before coroner magistrate Adedayo Shotobi.
However, while the inquest was ongoing Kubenje acted on the
DPP’s recommendation and discharged Mohbad’s former label boss, music promoter,
and other suspects.
Aloba argued that the suspects had been “implicated” in the
coroner’s proceedings and were yet to testify.
He claimed that the DPP’s legal advice was issued “without
jurisdiction and amounted to obstructing the coroner’s investigation”.
Aloba prayed to the court for its intervention to get
justice for the death of the singer.
“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 Mohabd,” the documents reads in part.
“The police through one ASP Mohammed Yusuf attached to the
homicide section of the State Criminal Investigation Department, Panti and the
respondents through their senior counsel, Mr 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 who are aware of the Coroner’s
inquest proceeded to issue legal advice which prompted the Magistrate Court to
discharge and acquitted the prime suspects.
“That I know as a fact that the act or omission of the
respondents is without due regard to the Coroner’s court which constitutes an
obstruction of the coroner in the exercise of its statutory duties.
“That I know as a fact that the respondents’ failure to
allow the Coroner to conclude its proceeding and proceeded to issue the legal
advice is pre-empting the outcome of the decision of the Coroner and is done
without jurisdiction and is null and void.
“That I know as a fact that the act or omission of the respondents
issuing legal advice in respect of the matter upon which inquest is being
conducted amounted to obstructing and interfering with the Coroner’s
investigation and potentially influencing the outcome.
“That I know as a fact that the act or omission of the
respondents issuing legal advice which constituted an affront to the executive
jurisdiction of the Coroner the power to conduct inquests into suspicious and
unnatural death is expected to run its course without external interference.
“That I know as a fact that the act or omission of the
respondents, apart from being pre-emptive of the Coroner’s proceedings,
undermines the integrity of the inquest and potentially compromises the outcome
of the coroner’s investigation.
“That I know as a fact that the act or omission of the
Respondents while aware that the Coroner‘s inquest is still pending is to
overreach the outcome of the Coroner’s inquest and is improper.
“The applicant needs the intervention of this court to get
justice for the death of his son otherwise allowing the legal advice from the
respondents to stay may automatically put an end to the seriousness of the
Coroner’s Court and its proceedings.”
On September 12, 2023, Mohbad died under mysterious
circumstances. His demise stirred up controversies on social media with several
calls and cries for justice from colleagues and fans.
In October 2023, Marley and Larry were arrested over
allegations that they were involved in the death of Mohbad.
They were released on bail in November of the same year
after spending over five weeks in detention.
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