John Okoro
Joseph Aloba, the grieving father of deceased Nigerian artist Ilerioluwa Aloba (popularly known as Mohbad), has escalated his legal battle by filing an appeal against the Lagos State High Court’s recent ruling. The court had upheld the DPP’s legal advice clearing Naira Marley and Sam Larry of involvement in his son’s tragic demise.
Represented by senior advocate Wahab Shittu (SAN), Aloba lodged the appeal on Monday, July 7, 2025, challenging what he deems an erroneous interpretation of prosecutorial discretion under Section 211(1) of the 1999 Constitution.
The appeal contends that Justice Taiwo Olatokun overlooked constitutional safeguards in the July 2 ruling, particularly Section 211(3), which requires the Attorney-General to weigh public interest and judicial integrity when exercising prosecutorial powers.
Aloba’s legal team cited the Supreme Court precedent in Elias Madukaegbu vs The State, arguing that the exoneration of suspects contradicts ongoing coronial proceedings under the Lagos State Coroner’s Systems Law. They maintain this premature clearance undermines justice and public trust.
The appellant seeks appellate intervention to invalidate the DPP’s controversial legal advice through a certiorari order, emphasizing that critical suspects were discharged without conclusive evidence from the pending coroner’s inquest.
No hearing date has been set yet for this high-profile appeal, which follows Justice Olatokun’s dismissal of Aloba’s initial application. The court had affirmed the DPP’s unfettered discretion, sparking renewed debates about prosecutorial accountability.
The original lawsuit, filed against Lagos State’s Attorney-General and DPP, alleged procedural unfairness and premature conclusions in the legal advice. Aloba stressed that vital witnesses and evidence from the coroner’s active investigation were disregarded.
DPP officials countered in their June 24 affidavit, asserting their advice was based on exclusive access to confidential case files. They clarified that discharged individuals weren’t acquitted but released due to insufficient evidence connecting them to Mohbad’s death.
This legal saga continues to unfold as Aloba fights to keep the investigation into his son’s controversial passing alive, challenging institutional interpretations of justice in Nigeria’s judicial system.
