No Case Against Naira Marley, Sam Larry—Court to Mohbad’s Father

The Lagos State High Court sitting in Ikeja has dismissed a suit filed by Joseph Aloba, father of late singer Ilerioluwa Aloba (popularly known as Mohbad), challenging the legal advice of the Directorate of Public Prosecutions (DPP) which cleared Naira Marley and Sam Larry of any involvement in his son’s death.

In a judgment delivered on Wednesday, Justice Taiwo Olatokun ruled that the powers of the Attorney General, exercised through the DPP, to initiate or decline prosecution are constitutional and could not be interfered with by the court. The judge held that there was no legal basis to grant Aloba’s request to quash the DPP’s legal advice or nullify the court’s consequent decision to discharge the accused persons.

“The reliefs sought by the applicant cannot be granted. The powers of the Attorney General were validly exercised,” Justice Olatokun ruled, reaffirming that such prosecutorial discretion is not subject to judicial override.

Aloba, represented by senior advocate Wahab Shittu (SAN), had approached the court to void the DPP’s legal advice on grounds of alleged denial of fair hearing. He argued that the advice to release Naira Marley and Sam Larry pre-empted the ongoing Coroner’s inquest, and that vital suspects named in that inquiry had been prematurely exonerated.

In response, the DPP’s office, through a counter affidavit deposed by legal officer Ayinde Ibrahim, clarified that the individuals in question were discharged—not acquitted—and could be re-arrested should new evidence emerge. The respondents further argued that the DPP’s advice was informed by a review of the criminal case file—evidence that was not available to either the Coroner or the applicant.

According to the DPP, no credible evidence linking the accused persons, including Naira Marley, Sam Larry, Opere Babatunde, and Prima Boy, directly or indirectly to Mohbad’s death was found. This absence of a causal link formed the legal foundation for their release.

Following the ruling, Shittu stated that his client was dissatisfied with the judgment and would pursue an appeal.

The Attorney General of Lagos State and the DPP were listed as respondents in the case, which has stirred public attention due to the lingering questions and controversies surrounding the circumstances of Mohbad’s sudden death in 2023.