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Emmanuel Thomas l Wednesday, July 09, 2025

 

LAGOS, Nigeria – The Battle to unravel the killers of the late Ilerioluwa Oladimeji Alogba, better known as Mohbad seems to have just started.

Mohbad’s father is not giving up even as Lagos State attempts to frustrate his efforts through the courts

Mr Joseph Aloba, Mohbad’s father  has appealed the ruling of an Ikeja High Court which dismissed his application seeking to nullify the legal advice absolving Naira Marley, Samson Erinfolami Balogun Eletu alias Sam Larry and others of the death of the late music star.

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Justice Taiwo Olatokun had on July 2, 2025 ruled that the powers of the Attorney General of Lagos State exercised through the DPP on whether to prosecute or not, were valid and within the confines of the law.

“The powers of the Attorney General as conferred by the constitution are not subject to judicial review in this context,” the court held. “Accordingly, the reliefs sought by the applicant lack merit and are hereby dismissed.”

Listed as 1st and 2nd defendants in the appeal, ID/6197MJR/25 filed by his lawyer, Wahab Shittu (SAN), are the Lagos State Attorney General and Director of Public Prosecution.

Joseph Aloba, through his counsel, Wahab Shittu, is seeking two reliefs from the Appeal Court including an order of certiriorari to remove for the purpose of being quashed, the legal advice, ref. LJP/HOM/2023/170 in respect of murder case of late Ilerioluwa Oladimeji Aloba a k a Mohbad, the decision or recommended by the respondents to the appeal to wit the DPP.

He is also seeking an order allowing the appeal of the appellant.

The grounds of the appeal included that the trial court erred in law when it held that the powers of the Lagos AG under section 211(1) of the Constitution are settled and unassailable… that the AG prosecutorial power is absolute and non-justiciable, subject only to politically or public accountability.

Another relief sought was that in exercising its power, the AG of Lagos State shall has regard to “public interest, the interest of justice and need to prevent abuse of judicial process.”

The appellant also averred that the powers by the AG, notwithstanding the on-going proceedings of the coroner systems law 2015 is not in the public interest and constitution and constitute an abuse of judicial process.

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