Joseph Aloba, father of the late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, has filed an appeal challenging a recent Lagos High Court decision that upheld legal advice clearing Naira Marley and Sam Larry of involvement in his son’s death.
The appeal, filed on Monday, July 7, 2025, by his counsel, Senior Advocate of Nigeria Wahab Shittu, seeks to overturn the court’s refusal to nullify the legal advice issued by the Lagos State Director of Public Prosecutions (DPP), which absolved the duo.
Aloba argues that the trial court erred in law by affirming that the prosecutorial powers of the Attorney-General under Section 211(1) of the 1999 Constitution are absolute and immune from judicial review, except in cases of political or public accountability.
In the notice of appeal, Aloba contends that Justice Taiwo Olatokun, who delivered the July 2 ruling, failed to consider Section 211(3) of the Constitution, which requires the Attorney-General to act in the public interest, ensure justice is served, and prevent abuse of legal processes.
Relying on the Supreme Court’s judgment in Elias Madukaegbu v. The State, Aloba maintained that the Attorney-General’s decision to clear Naira Marley and Sam Larry—despite an ongoing Coroner’s inquest under the Lagos State Coroner Law, 2015—undermines the pursuit of justice and constitutes an abuse of judicial discretion.
He urged the Court of Appeal to quash the DPP’s legal advice and recommendations via an order of certiorari.
The appellate court is yet to set a date for hearing.
Earlier, on July 2, Justice Olatokun ruled that the Attorney-General, through the DPP, had rightly exercised prosecutorial discretion, which cannot be legally challenged. As a result, Aloba’s suit was dismissed.
The case stems from Aloba’s original suit accusing the Lagos State Attorney-General and DPP of denying the family fair hearing in issuing legal advice that cleared key suspects before the conclusion of the Coroner’s inquest. He argued that critical suspects named in the inquest were released prematurely.
In a counter-affidavit dated June 24, Ayinde Ibrahim, a legal assistant from the DPP’s office, stated that those released—Naira Marley, Sam Larry, Prima Boy, and Opere Babatunde—were not acquitted but merely discharged due to lack of evidence linking them to the singer’s death.
The DPP maintained that its legal advice was informed by a thorough review of the criminal case file, which neither the Coroner nor the applicant had access to, and called for the dismissal of Aloba’s suit in the interest of justice.
