Mohbad’s father appeals Court ruling that cleared Naira Marley, Sam Larry

Mohbad’s father, Joseph Aloba, has filed an appeal against the Lagos High Court’s decision that upheld legal advice clearing Naira Marley and Sam Larry of involvement in the controversial d3ath of his son, Mohbad

The appeal, lodged at the Lagos Division of the Court of Appeal, seeks to overturn the July 2, 2025 ruling delivered by Justice D.T. Olatokun.

Aloba, represented by his legal team led by Wahab Shittu (SAN) and Don Akaegbu, is challenging the Director of Public Prosecutions’ legal advice, which he argues was used to exonerate key suspects in the late singer’s death.

According to the appeal document obtained by PUNCH Metro, Aloba contends that the trial court erred in holding that the Attorney-General’s prosecutorial powers under Section 211(1) of the 1999 Constitution are absolute and immune from judicial review. He argued that such powers must be exercised in accordance with public interest, justice, and due process, not as a means of shielding individuals from prosecution.

He cited the Supreme Court case of Elias v. Arkas (2018) 10 NWLR (Pt 1626) Pg 37, arguing that the Attorney-General’s powers are not beyond judicial scrutiny, especially when their use appears contrary to public interest or constitutes an abuse of legal process.

Aloba urged the Court of Appeal to allow the appeal, set aside the lower court’s decision, and issue an order of certiorari to quash the DPP’s legal advice referenced as LJP/HOM/2023/170, which concerns Mohbad’s death.

The Attorney-General of Lagos State, Lawal Pedro (SAN), and the Director of Public Prosecutions are named as respondents in the appeal.

In an earlier ex parte motion filed before the Lagos High Court, Aloba noted that the coroner’s inquest into his son’s death, which began on September 29, 2023, had not been concluded at the time the DPP issued its legal advice. He also alleged that some individuals who were summoned by the coroner and mentioned during the inquest were released prematurely and had yet to appear before the court to clarify their roles.

Aloba further claimed that the police and the DPP acted without informing the coroner, thereby interfering with the statutory responsibilities of the inquest.

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