The father of late musician, Ilerioluwa Oladimeji Aloba a.k.a. Mohbad, has appealed the ruling of an Ikeja High Court which dismissed his application seeking to nullify the legal advice that absolved Naira Marley, Sam Larry and others of the death of the music star.
Justice Taiwo Olatokun had on July 2, 2025 ruled that the powers of the Attorney General of Lagos State exercised through the office of the Director of Public Prosecutions which issued the legal advice, were valid and within the confines of the law.
“The powers of the Attorney General as conferred by the constitution are not subject to judicial review in this context,” the court held. “Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed.”
Joseph Aloba, through his counsel, Wahab Shittu, (SAN) is seeking two reliefs from the Court of Appeal, including an order of certiriorari to remove for the purpose of being quashed, the legal advice, in respect of the “murder case of late Ilerioluwa Oladimeji Aloba a k a Mohbad”.
He is also seeking an order allowing the appeal of the appellant.
The grounds of the appeal included that the trial court erred in law when it held that the powers of the Lagos AG under section 211(1) of the Constitution, on whether to prosecute, are absolute and non-justiciable, subject only to political or public accountability.
The senior advocate of Nigeria contends that in exercising its power, the AG of Lagos State shall have regard to “public interest, the interest of justice and need to prevent abuse of judicial process.”
The appellant also averred that the action of the AG, notwithstanding the on-going proceedings of the coroner tasked with determining the official cause of death, is not in the public interest and constitute an abuse of judicial process.
