Joseph Aloba, the father of late Nigerian singer Mohbad, has filed a lawsuit at the High Court in Ikeja, seeking to overturn the legal advice issued by the Lagos State Director of Public Prosecutions (DPP) concerning his son’s death. This move comes after the Yaba Magistrate Court, under the presiding judge Ejiro Kubenje, discharged and exonerated four key suspects linked to Mohbad’s death, including Naira Marley (Abdulazeez Fashola), music promoter Samson Balogun (Sam Larry), Owodunni Ibrahim (Prime Boy), and Pere Babatunde.
Last month, Judge Kubenje ruled that the four suspects had “no case to answer,” acting on the legal advice provided by the DPP. However, the DPP announced plans to prosecute two other individuals connected to the case—Feyisayo Ogedengbe, an auxiliary nurse who treated Mohbad, and Ayobami Sadiq, one of the singer’s friends—for reckless and negligent behavior.
In his lawsuit, Joseph Aloba, representing himself and his family, has challenged the exoneration of the suspects. The respondents in the case are Lagos State Attorney General Lawal Pedro and DPP Babajide Martins.
Aloba’s lawyer, Wahab Shittu, submitted a motion on March 13, 2024, arguing that the DPP’s legal advice should be nullified. The motion claims that the advice was issued without proper jurisdiction and was done in a manner that obstructed the ongoing coroner’s inquest into Mohbad’s death. According to the lawsuit, the premature release of key suspects and their exoneration while the coroner’s investigation is still in progress undermines the integrity of the inquiry and could potentially influence its outcome.
In an 18-paragraph affidavit, Aloba stated that his son’s death, which occurred on September 12, 2023, was suspicious. This prompted an official inquest, which was launched on September 29, 2023, under the supervision of Coroner Magistrate Adedayo Shotobi. Aloba further argued that the DPP’s advice was issued while the coroner’s investigation was ongoing, thereby “pre-empting” its results. He contended that the discharged suspects had already been implicated in the coroner’s proceedings but had not yet testified, and their premature release hindered the investigation.
Aloba’s affidavit reads in part, “The discharged and acquitted suspects… have been mentioned and implicated in the Coroner’s proceedings and have been summoned but are yet to appear and give evidence as to their role in the death of Mohbad.” He added that the DPP’s advice obstructed the statutory duties of the coroner and interfered with the investigation, which could compromise its outcome.
The lawsuit also emphasizes that the DPP’s actions could be seen as an affront to the coroner’s authority and the statutory process of investigating suspicious deaths. Aloba has called for the court’s intervention to ensure that justice is served in his son’s case, warning that allowing the DPP’s legal advice to stand could undermine the seriousness of the coroner’s inquest.
Mohbad’s death has been surrounded by mystery and controversy, with fans and colleagues alike demanding justice. The singer’s sudden passing sparked widespread social media outcry and led to the arrest of Naira Marley and Sam Larry in October 2023. Both were released on bail in November 2023 after spending over five weeks in detention.