A Lagos State High Court, sitting in Ikeja, has ruled that the state government is under no legal obligation to prosecute music executive Naira Marley and show promoter Sam Larry in connection with the controversial death of singer Ilerioluwa Aloba, popularly known as Mohbad.
The decision comes in response to a legal application filed by Mohbad’s father, Joseph Aloba, challenging the Directorate of Public Prosecutions (DPP)’s advisory, which had earlier cleared both men of criminal responsibility.
Delivering judgment on Wednesday, Justice Olatokun affirmed that the Lagos State Attorney General possesses exclusive powers to initiate or decline prosecution, a discretion the court cannot override.
“The Attorney General’s authority under Section 211 of the Constitution is absolute and cannot be questioned,” the Judge stated.
Reacting to the verdict, the Aloba family’s lead counsel, Wahab Shittu (SAN), expressed disappointment and vowed to appeal the ruling.
“Our goal is not to witch-hunt but to seek justice for Mohbad. We will take this matter to the Court of Appeal,” he said.
In February, a Sabo-Yaba Magistrate Court had similarly exonerated Naira Marley, Sam Larry, and Owodunni Ibrahim (aka Primeboy), relying on the DPP’s conclusion that none of them had a case to answer.
Mohbad’s former manager, Opere Babatunde, was also absolved.
However, the DPP recommended the prosecution of auxiliary nurse Feyisayo Ogedengbe—who treated Mohbad before his death—and Ayobami Sadiq, one of the late singer’s close associates.
Both are to be tried at the Magistrate Court for alleged reckless and negligent conduct under Section 251(e) of the Lagos State Criminal Law, 2015.
Mohbad, a former Marlian Records artist, died on September 12, 2023, in circumstances that sparked national outrage. Prior to his death, he had publicly voiced fears for his life and accused individuals tied to his former label of harassment and physical abuse.
Although Naira Marley and Sam Larry were arrested during investigations, the court’s latest ruling—coupled with the DPP’s earlier advice—has rekindled public frustration over perceived selective justice.
While the trials of the nurse and Mohbad’s associate will proceed, many fans and civil society groups continue to call for a transparent and comprehensive investigation into the singer’s untimely death. – BR
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