By Olatunbosun Obafemi
Justice Taiwo Olatokun of the Lagos State High Court in Ikeja has dismissed a suit filed by Mr. Joseph Aloba, father of late singer Ilerioluwa Aloba (popularly known as Mohbad), challenging the legal advice issued by the Directorate of Public Prosecutions (DPP), which cleared music artistes Naira Marley, Sam Larry, and others of alleged involvement in his son’s death.
In a ruling delivered on Wednesday, Justice Olatokun affirmed that the Lagos State Attorney General, acting through the DPP, possesses constitutional powers to determine whether to prosecute a suspect. He held that such prosecutorial discretion is not subject to judicial review in the manner sought by the applicant.
“The powers of the Attorney General as conferred by the Constitution are not subject to judicial review in this context. Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed,” the judge ruled.
Mr. Aloba, represented by human rights lawyer Wahab Shittu, argued that the DPP’s legal advice violated his right to fair hearing and undermined the integrity of the ongoing coroner’s inquest into his son’s death.
The court, however, ruled that the DPP acted lawfully and based its advice on the evidence in the police case file. A counter-affidavit filed by DPP legal officer Ayinde Ibrahim stated that the advice was issued after a thorough review, and neither the coroner nor the applicant had access to the full findings.
“The advice did not find any direct or circumstantial evidence tying the named suspects to the death,” Ibrahim explained.
