Justice Taiwo Olatokun of a Lagos High Court sitting in Ikeja yesterday dismissed an application filed by Joseph Aloba, father of the late singer, Ilerioluwa Aloba, popularly known as Mohbad, seeking to quash the legal advice and court proceedings that cleared music executive, Azeez Fashola (a.k.a. Naira Marley), and promoter, Samson Balogun (a.k.a. Sam Larry), of any involvement in his son’s death.
Delivering judgment, Justice Olatokun held that the powers of the Attorney General of Lagos State to prosecute or not to prosecute are absolute and cannot be questioned.
Aloba, through his counsel, Dr Wahab Shittu (SAN), filed the application on behalf of the family against the Attorney General of Lagos State and the Director of Public Prosecutions (DPP), who were listed as respondents.
Shittu argued that the DPP’s legal advice, which exonerated Naira Marley and Sam Larry, preempted the ongoing coroner’s inquest into Mohbad’s death and failed to offer a fair hearing to all concerned. He further submitted that individuals implicated in the inquest were cleared prematurely, even as the coroner’s proceedings were still ongoing.
In response, the respondents maintained in their counter-affidavit that those discharged by the DPP’s advice were not acquitted but only released, and that the legal advice did not interfere with or halt the coroner’s inquest. They contended that there was no directive from the coroner requiring them to delay the conclusion or issuance of the legal advice.
They further argued that the DPP, along with the police investigators, operates independently of the coroner and is not obligated to inform the coroner of its conclusions. According to them, the legal advice was sent to the magistrate who had earlier ordered the remand of the suspects pending the review.
Justice Olatokun, in upholding the respondents’ position, reaffirmed that the discretion of the Attorney General in matters of prosecution is legally absolute.
Speaking after the ruling, Shittu said the family would appeal the judgment, stressing that their objective was not to indict anyone but to ensure justice was served.
