A Lagos State High Court sitting in Ikeja has ruled that the state government cannot be compelled to prosecute music executive, Naira Marley, and show promoter, Sam Larry, in connection with the controversial death of late singer Ilerioluwa Aloba, popularly known as Mohbad.
Naijaonpoint reports that the court ruling follows an application filed by the late singer’s father, Joseph Aloba, challenging the legal advice previously issued by the Directorate of Public Prosecutions (DPP), which exonerated the duo from any criminal liability.
In his judgment on Wednesday (today), Justice Olatokun held that the powers of the Lagos State Attorney General to initiate or decline prosecution are “absolute” and cannot be overridden or questioned by the court.
“The Attorney General’s discretion in criminal matters, as provided under Section 211 of the Constitution, is sacrosanct,” the judge ruled.
Reacting to the verdict, the Aloba family’s counsel, Wahab Shittu (SAN), expressed disappointment, confirming that the family will be heading to the Court of Appeal to challenge the decision.
“Our interest is not to indict anyone. We are simply seeking justice for Mohbad. We will continue this fight at the appellate level,” Shittu said.
In February, a Magistrate Court in Sabo, Yaba, had similarly cleared Naira Marley, Sam Larry, and Owodunni Ibrahim (popularly known as Primeboy) of any involvement in Mohbad’s death, relying on legal advice from the DPP, which said the trio had no case to answer.
Mohbad’s former manager, Opere Babatunde, was also cleared at the time.
However, the DPP recommended prosecution for Feyisayo Ogedengbe, the auxiliary nurse who administered treatment to Mohbad before his death, and Ayobami Sadiq, one of the late singer’s close associates.
They are to face trial for reckless and negligent acts under Section 251(e) of the Lagos State Criminal Law, 2015.
Their prosecution is scheduled to take place at the Magistrate Court.
Mohbad’s Death Under Controversial Circumstances
Mohbad, a former signee of Marlian Records, died on September 12, 2023, under circumstances that quickly triggered nationwide outrage.
He had previously raised the alarm over threats to his life and alleged physical assault by individuals linked to his former label.
Following his death, viral videos and testimonies on social media implicated Naira Marley and Sam Larry in alleged acts of harassment and intimidation.
The Lagos State Police subsequently arrested the duo along with other suspects, pending autopsy results and further investigation.
Wednesday’s ruling has reignited public concern, with many expressing dissatisfaction over what they see as the failure to bring all relevant parties to justice.
While the trial of the nurse and Mohbad’s friend is expected to proceed, the decision to exempt high-profile figures like Naira Marley and Sam Larry has fueled allegations of selective justice.
Civil rights groups and fans have continued to demand a thorough, transparent investigation into the young singer’s death.