Mr. Joseph Aloba, father of the late singer Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, has filed an appeal against a Lagos High Court ruling that upheld the legal advice clearing music executive Azeez Fashola (aka Naira Marley) and show promoter Balogun Eletu (aka Sam Larry) of any involvement in his son’s death.
The notice of appeal, filed at the Lagos Division of the Court of Appeal, seeks to overturn the July 2, 2025, judgment delivered by Justice D.T. Olatokun. Aloba, through his legal team led by Senior Advocate of Nigeria Wahab Shittu and Don Akaegbu, is challenging the Director of Public Prosecutions’ (DPP) legal advice that exonerated the two men.
In the appeal, Aloba contended that the trial court erred by ruling that the Attorney-General’s prosecutorial discretion under Section 211(1) of the 1999 Constitution is absolute and beyond judicial scrutiny. He argued that such powers must be exercised in the interest of justice and not used to protect individuals from prosecution.
Citing Elias v. Arkas (2018) 10 NWLR (Pt 1626) Pg 37, he asserted that prosecutorial powers can be reviewed by courts when exercised in ways that undermine public interest or due process.
Aloba urged the appellate court to set aside the lower court’s ruling and issue an order of certiorari to nullify the DPP’s legal advice referenced as LJP/HOM/2023/170, which he believes obstructed justice in the ongoing investigation of Mohbad’s controversial death.
The Attorney-General of Lagos State, Lawal Pedro (SAN), and the Director of Public Prosecutions are named as respondents in the suit.
Aloba further alleged in earlier court filings that the DPP acted prematurely by issuing its legal advice before the coroner’s inquest—initiated on September 29, 2023—had concluded. He said individuals summoned by the coroner were released before clarifying their roles, and that the DPP and police failed to consult the inquest before taking actions that potentially undermined its findings.
