Joseph Aloba, the father of the deceased singer Ilerioluwa Aloba, known as MohBad, has filed an appeal with the Lagos Court of Appeal to contest a ruling from the State High Court that denied his request to overturn the Director of Public Prosecution’s (DPP) legal advice exonerating Naira Marley and Sam Larry from involvement in his son’s death.
In an appeal notice submitted on Monday, July 7, by his attorney Wahab Shittu (SAN), Aloba asserted that the trial court made a legal error by asserting that the Attorney-General’s powers under Section 211(1) of the Constitution are definitive and not subject to challenge, and that the Attorney-General’s discretion in prosecutorial matters is absolute and only accountable to political or public scrutiny.
Aloba also argued that the trial judge, Justice Taiwo Olatokun, failed to consider Section 211(3) of the 1999 Constitution of Nigeria, which mandates that the Attorney-General, when exercising his powers, must consider public interest, justice, and prevent misuse of legal processes.
Referencing the case of Elias Madukaegbu Vs the State, Aloba contended that the Attorney-General’s exercise of prosecutorial powers, while there are ongoing proceedings under the Lagos State Coroner’s Systems Law 2015, was not only against public interest but also constituted a misuse of judicial processes.
As a result, Aloba requested that the court uphold his appeal and issue an order of certiorari to annul the DPP’s legal advice and decisions regarding his son MohBad’s murder case.
A hearing date for the appeal has not yet been set by the court.
On July 2, 2025, Justice Taiwo Olatokun ruled that the Attorney General’s decision regarding prosecution was validly made, stating the DPP’s powers cannot be questioned, leading to the dismissal of Aloba’s application.
Joseph Aloba initiated the case on behalf of the family against the Attorney General of Lagos State and the Director of Public Prosecutions (DPP), who were named as respondents, citing a lack of fair hearing as one of his application’s bases.
Aloba argued that the DPP’s advice to release Naira Marley and Sam Larry pre-empted the ongoing Coroner’s inquest into the cause of Mohbad’s death, allowing key suspects mentioned in the proceedings to be released.
In a counter affidavit filed on June 24, a legal assistant for the DPP, Ayinde Ibrahim, clarified that the individuals released were not acquitted but simply discharged, contrary to Aloba’s claims.
The respondents requested the court to reject Aloba’s application for the sake of justice, explaining the process followed to obtain the DPP’s legal advice, the DPP’s role, and the nature of evidence—such as the criminal case file—that neither the Coroner nor Aloba had access to. They concluded that there was no evidence linking Naira Marley, Sam Larry, Prima Boy, and Opere Babatunde to Mohbad’s death, which supported the DPP’s decision to release them.
