A Lagos High Court sitting in Ikeja has dismissed the application filed by Joseph Aloba, the father of late singer, Ilerioluwa Aloba aka Mohbad, seeking to quash the legal advice and court proceedings that freed Naira Marley, and Sam Larry, from any involvement in the singer’s d8ath
The judge, Justice Olatokun, while dismissing Aloba’s application on Wednesday, held that the powers of the Attorney General of Lagos State to prosecute or not to prosecute are absolute and cannot be questioned.
Aloba had filed the application on behalf of the family through his counsel, Dr Wahab Shittu (SAN), against the Attorney General of Lagos State and the Director of Public Prosecution (DPP), who were listed as the respondents in the suit.
Shittu had cited a lack of fair hearing as one of the grounds for the application, noting that the DPP’s legal advice freeing Naira Marley and Sam Larry pre-empted the proceedings of the coroner’s inquest, which is yet to conclude its inquiry into the cause of Mohbad’s d8ath.
However, the respondents in the counter affidavit contended that the suspects who were released following legal advice were not acquitted, but were merely discharged.
Respondent therefore prayed the court to dismiss the application in the interest of justice.
However, the judge while delivering judgement held that the Powers of the Attorney General of Lagos State to prosecute or not to prosecute are absolute and cannot be questioned.
After the judgment, Shittu stated that the family will proceed to appeal the decision, as their aim is not to indict anyone but to uphold justice.
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RIP mohbad