Lagos State High Court in Ikeja on Wednesday dismissed an application filed by Mr. Joseph Aloba, father of the late singer Ilerioluwa Aloba, alias MohBad, seeking to nullify the legal advice of the Lagos State Directorate of Public Prosecutions, DPP, which cleared artistes Azeez Fashola alias Naira Marley, Samson Balogun alias Sam Larry and others of alleged involvement in the singer’s death.
Delivering judgement, Justice Taiwo Olatokun held that the powers of the Lagos State Attorney General, AG, exercised through the DPP on whether to prosecute or not, were valid and within the confines of the law.
“The powers of the Attorney General as conferred by the constitution are not subject to judicial review in this context.
“Accordingly, the reliefs sought by the applicant lacked merit and are hereby dismissed” said Justice Olatokun.
Aloba, represented by Dr. Wahab Shittu, SAN, had filed the suit against the AG and DPP, alleging a breach of fair hearing and accusing the prosecution of pre-empting the outcome of the ongoing coroner’s inquest into his son’s death.
Counsel to MohBad’s father Aloba, Shittu, had argued that the legal advice, which led to the release of the suspects, had undermined the integrity of the coroner’s proceedings.
No evidence tying Naira Marley, others
However, the court upheld the DPP’s actions, noting that the suspects in question were not acquitted but merely discharged due to lack of sufficient evidence linking them to MohBad’s death.
In a counter-affidavit filed on June 24, DPP’s legal officer, Ayinde Ibrahim explained that the legal advice was based on a thorough review of the Police case file.
He highlighted that neither the coroner nor the applicant had access to the detailed findings on which the decision was based.
“The legal advice did not find any direct or circumstantial evidence tying Naira Marley, Sam Larry, Prime Boy, or Babatunde Opere to the death of the deceased,” the DPP’s office stated.
“Therefore, the advice to discharge them was in line with due process and the evidence available.”
