Joseph Aloba, father of the late Nigerian singer Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, has filed a notice of appeal against a recent Lagos High Court ruling. The ruling upheld legal advice that had cleared music executive Azeez Fashola (Naira Marley) and show promoter Balogun Eletu (Sam Larry) of any wrongdoing in connection with his son's controversial death. This move signifies Mr. Aloba's continued pursuit of justice for his son, whose passing sparked widespread concern and calls for thorough investigation.

Filed at the Court of Appeal, Lagos Division, the appeal seeks to overturn the July 2, 2025, decision delivered by Justice D.T. Olatokun. Mr. Aloba, represented by his legal team led by Senior Advocate of Nigeria Wahab Shittu and Don Akaegbu, is challenging the Director of Public Prosecutions' (DPP) legal advice, which he contends was instrumental in absolving key suspects in the late singer’s death.

Challenging Prosecutorial Powers and Due Process

In the appeal document, Mr. Aloba argues that the trial court made an error by asserting that the Attorney-General’s prosecutorial powers under Section 211(1) of the 1999 Constitution are absolute and not subject to judicial review. He contends that such powers must be exercised with public interest, justice, and due process in mind, and should not be used to shield anyone from prosecution.

Citing the Supreme Court case of Elias v. Arkas (2018) 10 NWLR (Pt 1626) Pg 37, the appellant maintained that "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." This legal precedent forms a core part of his argument that the DPP's decision should not be immune to judicial oversight, particularly when the circumstances surrounding Mohbad's death remain contentious.

Mr. Aloba has urged the appellate court "to allow the appeal and set aside the lower court’s ruling and issue an order of certiorari to quash the legal advice issued by the DPP with Reference No. LJP/HOM/2023/170 concerning Mohbad’s death." The Attorney-General of Lagos State, Lawal Pedro SAN, and the Director of Public Prosecutions have been listed as respondents in the case.

Unresolved Questions from the Coroner's Inquest

The appeal also brings to light concerns regarding the ongoing coroner’s inquest into Mohbad's demise. In an earlier ex parte motion filed before the Lagos High Court, Mr. Aloba had argued that the inquest, initiated on September 29, 2023, had not concluded its investigation before the DPP’s actions were taken.

He further disclosed that crucial individuals who had been summoned by the Coroner’s Court and mentioned during the inquest were allegedly released prematurely and have yet to clarify their roles in the case. Mr. Aloba also asserted that the police and the DPP allegedly acted without notifying the coroner, thereby potentially obstructing the inquest’s statutory duties.

This appeal highlights the persistent quest for clarity and accountability surrounding Mohbad’s death, as his family continues to challenge the official pronouncements and push for a more comprehensive investigation. The outcome of this appeal will be closely watched, as it could have significant implications for how prosecutorial powers are exercised and reviewed in Nigeria.