- By Wasiu Adekunle Adejumo | Editor-in-Chief
Lagos, Nigeria – In a fresh bid for justice over the controversial death of his son, Mr. Joseph Aloba, father of the late Nigerian music star Ilerioluwa Aloba, popularly known as Mohbad, has filed an appeal challenging the legal advice that cleared key suspects including music executive Azeez Fashola (aka Naira Marley) and show promoter Balogun Eletu popularly known as Sam Larry).
The appeal, submitted at the Court of Appeal, Lagos Division, seeks to overturn the ruling delivered on July 2, 2025, by Justice D.T. Olatokun of the Lagos State High Court.
The ruling had upheld the legal advice issued by the Director of Public Prosecutions (DPP), which exonerated Marley and Sam Larry of involvement in Mohbad’s untimely demise.
Represented by a legal team led by renowned Senior Advocate of Nigeria, Wahab Shittu (SAN), and Don Akaegbu, Aloba is asking the appellate court to quash the DPP’s legal advice and restore confidence in the ongoing judicial process.
Appeal Challenges Attorney-General’s Powers:
In the appeal documents obtained by Premier World News, Aloba contended that the trial court erred in law by holding that the Attorney-General’s prosecutorial powers under Section 211(1) of the 1999 Constitution were absolute and not subject to judicial scrutiny.
The appellant maintained that prosecutorial discretion must align with the public interest, the principles of justice, and due legal process, not be used to shield powerful individuals from accountability.
Citing Supreme Court precedent in Elias v. Arkas (2018) 10 NWLR (Pt. 1626) Pg. 37, Aloba’s legal team emphasized that such powers are not beyond judicial review, particularly when exercised in ways that may obstruct justice or abuse the legal process.
The appeal is urging the appellate court to:
- Set aside the ruling of the lower court, and
- Issue an order of certiorari to quash the legal advice issued by the DPP, referenced as LJP/HOM/2023/170.
The Attorney-General of Lagos State, Lawal Pedro (SAN) and the Director of Public Prosecutions were both listed as respondents.
Coroner’s Inquest Allegedly Bypassed:
Mr. Aloba also raised concerns over the conduct of the DPP and the police, alleging that they acted unilaterally and failed to consult or inform the Coroner’s Court before issuing legal advice that prematurely cleared individuals named in the ongoing investigation.
In his earlier ex parte motion before the Lagos High Court, he noted that the coroner’s inquest, which began on September 29, 2023, had not yet concluded its statutory probe into the circumstances surrounding Mohbad’s death when the legal advice was issued.
He further alleged that some individuals summoned by the coroner were released without offering clarifications, potentially undermining the inquest’s mandate and obstructing a full investigation into the case.
A Fight for Justice Continues:
Mohbad, a rising star in Nigeria’s music industry, died under controversial circumstances on September 12, 2023, prompting nationwide outcry and protests demanding justice.
His death has continued to spark public interest and scrutiny over the credibility of the justice system.
This appeal marks a significant legal step as Mr. Aloba seeks to reopen the case and demand greater transparency and accountability from the justice system regarding the tragic loss of his son.
