Mr. Joseph Aloba, father of the late singer Mohbad, has filed an appeal challenging the Lagos High Court ruling that upheld a legal advice clearing Naira Marley and Sam Larry of involvement in his son’s death. The appeal, lodged at the Court of Appeal, Lagos Division, seeks to overturn the July 2, 2025 judgment delivered by Justice D.T. Olatokun.
Themis was Led by SAN Wahab Shittu and Don Akaegbu, Aloba’s legal team argues that the trial court erred in treating the Attorney-General’s prosecutorial powers as absolute and beyond judicial scrutiny. The appeal questions the legal advice used to exonerate key suspects and insists the decision lacks fairness and transparency.
He argued that such powers must be exercised in line with public interest, justice, and due process, and not used to shield any individual from prosecution.
Citing the Supreme Court case of Elias v. Arkas (2018) 10 NWLR (Pt 1626) Pg 37, the appellant contended that “such power was not beywond judicial scrutiny, especially when it appears contrary to the public interest, interest of justice, or amounts to abuse of legal process.”
He however urged the court “to allow the appeal and set aside the lower court’s ruling and 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.”
