Mr Joseph Aloba, the father of the late singer, Ilerioluwa Aloba, popularly known as Mohbad, has filed an application before the Ikeja state High Court seeking to quash the legal advice, decision and recommendation made by the Director of Public Prosecutions in respect of the alleged murder case of Mohbad.
Aloba is suing for himself and on behalf of the Aloba family.
The respondents in the suit are the Lagos State Attorney General Lawal Pedro (SAN) and the Director of Public Prosecutions, Dr Babajide Martins.
In the suit marked ID/6197MJR/2025, dated March 12, 2025, and filed on March 13, 2025, Aloba through his lawyer, Dr. Wahab Shittu (SAN), is praying the court for an order granting him leave to quash the legal advice, decision and recommendation made by the Lagos State DPP in respect of the murder case of late singer Ilerioluwa Aloba, alias Mohbad.
The motion ex-parte application was based on three grounds for which the applicant (Aloba) said it lacked fair hearing under Section 36 of the 1999 Constitution of Nigeria.
The other grounds are pre-emption of the Coroner’s inquest proceedings by the DPP’s legal advice which has yet to conclude sitting, and vital suspects mentioned and implicated in the Coroner’s proceeding have been allegedly freed by the DPP’s legal advice.
In an 18-paragraph affidavit in support of the motion ex-parte, deposed to by Aloba, he stated that the death of his son, Mohbad, on September 11, 2023, was viewed as unnatural and suspicious which led to him petitioning and demanding an inquest into the cause of the death.
He said that pursuant to his request to determine the circumstances that led to the death of his son, the inquest was referred to the Coroner’s court with suit No: COR/IKD/10/2023 before Coroner Magistrate T.A.Shotobi, who commenced sitting on September 29, 2023, and the proceedings had yet to be concluded.
According to him, while the coroner proceedings have yet to be concluded, by the Cororner’s court, on February 26, 2025, Magistrate Ejiro Kubenhe at the Yaba Magistrate Court acting on the legal advice of the Respondents (AG and DPP), discharged and acquitted the four prime suspects, Abdulazeez Fashola alias Naira Marley, Samason Balogun Eletu A.K.A Sam Larry and Owoduni Ibrahim, a.k.a. Prime Boy, and Pere Babatunde in the controversial death of Mohbad, who were released on an “undated legal advice marked as exhibit A.”
He further stated that what was shown to him and marked exhibit ‘B’ was the Certified True Copy of the proceedings of the Yaba Magistrate Court, which discharged the prime suspects based on the legal advice of the respondents.
“The discharged and acquitted suspects by the respondents pursuant to their legal advice have been mentioned and implicated in the Coroner’s proceedings and have been summoned and are yet to appear and give evidence as to their role in the death of Mohabd.
“The police through one ASP Mohammed Yusuf attached to the homicide section of the State Criminal Investigation Department, Panti and the respondents through their senior counsel, Mr George, participated in the Coroner’s proceedings.
“The State CID Panti forwarded the case containing their investigation to the respondents without informing the Coroner’s court and while both offices, particularly the respondents who are aware of the Coroner’s inquest proceeded to issue legal advice which prompted the Magistrate Court to discharge and acquitted the prime suspects.
“That I know as a fact that the act or omission of the respondents is without due regard to the Coroner’s court which constitutes an obstruction of the coroner in the exercise of its statutory duties.
“That I know as a fact that the respondents’ failure to allow the Coroner to conclude its proceeding and proceeded to issue the legal advice is pre-empting the outcome of the decision of the Coroner and is done without jurisdiction and is null and void.
“That I know as a fact that the act or omission of the respondents issuing legal advice in respect of the matter upon which inquest is being conducted amounted to obstructing and interfering with the Coroner’s investigation and potentially influencing the outcome.
“ That I know as a fact that the act or omission of the respondents issuing legal advice which constituted an affront to the executive jurisdiction of the Coroner the power to conduct inquests into suspicious and unnatural death is expected to run its course without external interference.
“That I know as a fact that the act or omission of the respondents, apart from being pre-emptive of the Coroner’s proceedings, undermines the integrity of the inquest and potentially compromises the outcome of the coroner’s investigation.
“That I know as a fact that the act or omission of the Respondents while aware that the Coroner‘s inquest is still pending is to overreach the outcome of the Coroner’s inquest and is improper,” Aloba said.
He prayed the court for its intervention to get justice for the death of his son.
“The applicant needs the intervention of this court to get justice for the death of his son otherwise allowing the legal advice from the respondents to stay may automatically put an end to the seriousness of the Coroner’s Court and its proceedings.
“That the grant of this application will not be prejudicial to the Respondents. That I make this affidavit in good faith, believing the contents to be true and in accordance with the oath laws of Lagos State,” he added.
