The High Court of Lagos State, Ikeja, presided over by Justice Taiwo Olatokun on Wednesday threw out an application filed by Mr Joseph Aloba, father of the late singer, Ilerioluwa Aloba (popularly known as Mohbad), seeking to overturn the legal advice that exonerated music promoter, Azeez Fashola (a.k.a. Naira Marley), and Samson Balogun (Sam Larry) of any role in his son’s death.
Delivering judgment, the presiding judge ruled that the Lagos State Attorney General’s powers to determine whether or not to prosecute are absolute and not subject to judicial review.
Mr Aloba, represented by a Senior Advocate of Nigeria (SAN), Dr Wahab Shittu, argued that the Director of Public Prosecutions (DPP)’s advice was unfair and pre-empted the outcome of the ongoing coroner’s inquest.
The respondents maintained that Marley and Larry were only discharged, not acquitted, and that the DPP’s advice did not obstruct the inquest.
They also clarified that the coroner had not required prior notification of the DPP’s conclusions.
The court ultimately upheld the DPP’s legal advice and dismissed Aloba’s application in the interest of justice.
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