Mohbad’s Father Takes Legal Action Against Court Ruling Clearing Naira Marley, Sam Larry

Joseph Aloba, father of late Nigerian music star Ilerioluwa Aloba, popularly known as Mohbad, has filed an appeal against a recent judgment by the Lagos State High Court that upheld the legal advice clearing artists Naira Marley and Sam Larry of any involvement in his son’s death.

The notice of appeal was filed on Monday, July 7, 2025, at the Lagos Division of the Court of Appeal through his legal counsel, Wahab Shittu (SAN).

Aloba is seeking to overturn the decision delivered by Justice Taiwo Olatokun on July 2, which upheld the powers of the Attorney-General of Lagos State and the Director of Public Prosecutions (DPP), affirming their discretion not to pursue charges against the two music industry figures.

In his appeal, Aloba argued that the trial court erred in law by failing to consider Section 211(3) of the 1999 Constitution, which stipulates that the Attorney-General must exercise prosecutorial powers with due regard to public interest, justice, and the prevention of abuse of legal process.

He contends that the ruling overly relied on Section 211(1), which affirms the Attorney-General’s prosecutorial discretion, without accounting for the constitutional safeguards intended to protect the integrity of judicial processes.

Aloba also cited the Supreme Court precedent in Elias Madukaegbu vs. The State, asserting that the DPP’s decision to absolve Naira Marley and Sam Larry while a Coroner’s Inquest is still ongoing undermines justice and constitutes a premature and improper use of prosecutorial discretion.

He has requested that the appellate court issue an order of certiorari to quash the DPP’s legal advice and recommendations, which cleared the duo of criminal liability in connection with Mohbad’s death.

Mohbad died under controversial circumstances in September 2023, sparking public outcry and multiple calls for a thorough investigation. The Lagos State government subsequently opened a Coroner’s Inquest to determine the cause of death.

Joseph Aloba, acting on behalf of the Aloba family, took legal action against the Attorney-General of Lagos State and the DPP, alleging that the legal advice issued by the DPP lacked transparency and denied the family a fair hearing.

He argued that the legal opinion prematurely exonerated key suspects even before the Coroner’s findings were finalized.

In a counter-affidavit dated June 24, the DPP’s office, through legal officer Ayinde Ibrahim, maintained that the individuals discharged including Naira Marley, Sam Larry, Prima Boy, and Opere Babatunde were released due to lack of sufficient evidence.

The office clarified that these individuals were not acquitted, and that the legal advice was based on a detailed review of the criminal case file.

The DPP further argued that neither the Coroner nor the applicant had access to this case file, and urged the court to uphold the legal process and dismiss Aloba’s application.