Joseph Aloba, Mohbad’s father, has filed a lawsuit at a high court in Ikeja, seeking to overturn the legal advice issued by the Lagos state director of public prosecutions (DPP) regarding the singer’s death.
Ejiro Kubenje, presiding judge at the Yaba magistrate court, had last month ruled that Abdulazeez Fashola (Naira Marley), Samson Balogun (Sam Larry), Owodunni Ibrahim (Prime Boy), and Pere Babatunde were innocent of any allegations in Mohbad’s death.
Kubenje, who acted on the DPP’s advice, discharged the four suspects and declared they had “no case to answer”.
However, the Lagos DPP announced that it would prosecute Feyisayo Ogedengbe, the auxiliary nurse who treated Mohbad, and Ayobami Sadiq, one of the singer’s friends, for reckless and negligent acts.
In a suit filed on behalf of himself and his family, Aloba challenged the exoneration of the “key suspects” from the case.
The respondents in the suit are Lawal Pedro, Lagos state attorney general, and DPP Babajide Martins.
Wahab Shittu, Aloba’s lawyer, submitted the motion on March 13, arguing that the DPP’s legal advice should be nullified over “denial of fair hearing, pre-emption of the ongoing coroner’s inquest, and the premature release of key suspects”.
In an 18-paragraph affidavit, Aloba said Mohbad’s death on September 11, 2023, was “suspicious”, prompting an official inquest, which began on September 29, 2023, before coroner magistrate Adedayo Shotobi.
However, while the inquest was ongoing Kubenje acted on the DPP’s recommendation and discharged Mohbad’s former label boss, music promoter, and other suspects.
Aloba argued that the suspects had been “implicated” in the coroner’s proceedings and were yet to testify.
He claimed that the DPP’s legal advice was issued “without jurisdiction and amounted to obstructing the coroner’s investigation”.
Aloba prayed to the court for its intervention to get justice for the death of the singer.
“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 documents reads in part.
“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.
“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.”
On September 12, 2023, Mohbad died under mysterious circumstances. His demise stirred up controversies on social media with several calls and cries for justice from colleagues and fans.
In October 2023, Marley and Larry were arrested over allegations that they were involved in the death of Mohbad.
They were released on bail in November of the same year after spending over five weeks in detention.
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