Mohbad’s Father Appeals Court Ruling That Cleared Naira Marley and Sam Larry

Father of Mohbad, Joseph Aloba, has filed an appeal against the ruling of the Lagos High Court that upheld a legal advice clearing Naira Marley and Sam Larry of any wrongdoing in the death of his son, Ilerioluwa Aloba, also known as Mohbad.

The appeal, lodged at the Lagos Division of the Court of Appeal, seeks to overturn the decision delivered on July 2, 2025, by Justice D.T. Olatokun. Through his legal team led by Wahab Shittu, SAN, and Don Akaegbu, Aloba is challenging the legal advice issued by the Director of Public Prosecutions, which he says was used to exonerate individuals central to the investigation into Mohbad’s death.

According to court documents, Aloba contends that the trial court was wrong to declare the Attorney-General’s prosecutorial powers under Section 211(1) of the 1999 Constitution as absolute and beyond judicial review. He argued that such powers must be exercised in line with public interest, justice, and due process, and not as a tool to shield suspects from prosecution.

He cited the Supreme Court case of Elias v. Arkas (2018) 10 NWLR (Pt 1626) Pg 37, stating that the Attorney-General’s powers are not exempt from judicial scrutiny, particularly when they seem to go against the public interest or amount to an abuse of legal process.

Aloba is asking the Court of Appeal to set aside the lower court’s judgment and to 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 Lagos State Attorney-General, Lawal Pedro, SAN, and the Director of Public Prosecutions were named as respondents in the appeal.

In a previous ex parte motion filed at the Lagos High Court, Aloba had argued that the coroner’s inquest, which began on September 29, 2023, had not yet concluded its investigation before the DPP issued the legal advice. He added that individuals summoned by the Coroner’s Court were released before appearing to clarify their roles in the case.

Aloba also alleged that the police and the DPP acted independently without informing the coroner, thereby interfering with the legal inquest process.