Aloba Joseph, the father of the late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, has filed a legal application at the Lagos High Court in Ikeja. He is challenging the legal advice issued by the State Director of Public Prosecutions (DPP), which led to the release of four key suspects in his son’s controversial death.
The application, filed on March 12, was brought ex-parte under Order 44 Rule 3 of the Lagos High Court (Civil Procedure) Rules 2019, Section 36 of the 1999 Constitution, and the court’s inherent jurisdiction.
Through his legal representative, Senior Advocate of Nigeria (SAN) Wahab Shittu, Mr. Aloba is urging the court to nullify the DPP’s legal advice. He argues that the advice was issued without due process, preempted the ongoing Coroner’s inquest, and resulted in the premature release of vital suspects implicated in the proceedings.
Grounds for Legal Challenge
The lawsuit, filed on behalf of the Aloba family, names the Lagos State Attorney General and the DPP as respondents. In documents submitted to the court, Mr. Aloba asserts that:
His son’s death on September 11, 2025, was deemed unnatural and suspicious, prompting him to request an official inquest into the circumstances surrounding it.
The case was referred to the Coroner’s Court, which began hearings on September 23, 2023, but has yet to conclude its investigations.
Despite the ongoing inquest, Magistrate Ejiro Kubenje of the Yaba Magistrate Court discharged and acquitted four key suspects—Naira Marley (Abdul Azeez Fashola), Sam Larry (Samson Balogun Eletu), Prime Boy (Owodunni Ibrahim), and Opere Babatunde—on February 26, 2025, based on the legal advice from the respondents.
The legal advice was only discovered at the Magistrate Court when the suspects were being released.
The Coroner’s inquest had already identified and implicated the discharged suspects, who were summoned to testify but had not yet appeared.
The State CID Panti, which investigated the case, submitted its findings to the DPP without notifying the Coroner’s Court, despite both agencies actively participating in the Coroner’s proceedings.
Allegations Against the Respondents
Mr. Aloba further argues that:
The DPP’s decision to issue legal advice before the Coroner’s inquest concluded constitutes interference and obstructs the court’s statutory functions.
The premature exoneration of suspects undermines the integrity of the inquest and compromises the pursuit of justice in Mohbad’s death.
The legal advice, issued while the Coroner’s inquiry was still active, prejudices the findings of the inquest and is, therefore, invalid.
The Coroner’s investigation into suspicious deaths should proceed without external influence, making the DPP’s actions an overreach of power.
If the DPP’s advice stands, it could render the Coroner’s proceedings ineffective and hinder efforts to uncover the true cause of Mohbad’s death.
Mr. Aloba has pleaded with the court to intervene, emphasizing that justice for his son should not be compromised.
As of now, no judge has been assigned to the case, and a hearing date is yet to be scheduled.
