Mohbad’s Father Disagrees with Lagos, Says Sam Larry, Naira Marley Still Have a Case

Mr. Joseph Aloba, the father of late Nigerian singer Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, has disagreed with the Lagos State government’s legal stance, insisting that music executive Azeez Fashola (a.k.a. Naira Marley) and show promoter Balogun Eletu (a.k.a. Sam Larry) still have a case to answer over his son’s controversial death.

Aloba has formally filed a notice of appeal at the Lagos Division of the Court of Appeal to challenge the ruling of the Lagos High Court, which upheld the legal advice issued by the Director of Public Prosecutions (DPP) clearing the two individuals of criminal liability.

The ruling being appealed was delivered on July 2, 2025, by Justice D.T. Olatokun. Aloba, through his legal team led by Senior Advocate of Nigeria Wahab Shittu and Don Akaegbu, is seeking to overturn the court’s decision on the grounds that the legal advice was flawed and obstructed justice.

According to the appeal documents sighted by PUNCH Metro on Tuesday, Aloba contends that the trial court erred by ruling that the prosecutorial powers of the Attorney-General under Section 211(1) of the 1999 Constitution are absolute and not subject to judicial review.

The appellant argued that such powers must be exercised in the public interest, in line with the interest of justice, and not as a tool to shield suspects from prosecution.

Citing legal precedent from the case Elias v. Arkas (2018) 10 NWLR (Pt. 1626) Pg 37, the appeal asserts that prosecutorial powers are not immune from judicial scrutiny, especially where they appear contrary to justice or due process.

“Such power was not beyond judicial scrutiny, especially when it appears contrary to the public interest, interest of justice, or amounts to abuse of legal process,” Aloba’s lawyers argued.

He therefore urged the Court of Appeal to set aside the lower court’s decision and issue an order of certiorari to quash the legal advice issued by the DPP under Reference No. LJP/HOM/2023/170.

The Attorney-General of Lagos State, Lawal Pedro (SAN), and the Director of Public Prosecutions were both named as respondents in the appeal.

In an earlier ex parte motion before the Lagos High Court, Aloba had also challenged the actions of the police and DPP, alleging that they acted without informing the coroner’s court, which is still conducting an inquest into Mohbad’s death.

He further alleged that several key individuals mentioned during the inquest were prematurely released and have yet to clarify their roles in the ongoing investigation.

Mohbad’s sudden death in September 2023 drew national attention, prompting public protests and multiple probes. The coroner’s inquest into the case began on September 29, 2023, and has yet to reach a formal conclusion.