The Lagos High Court sitting in Ikeja has granted the father of late Mohbad, Joseph Aloba, permission to challenge the Director of Public Prosecutions DPP’s legal advice, which freed Abdulazeez Fashola (popularly known as Naira Marley) and two others on allegations of being involved in his son’s death.
Justice Taiwo Olatokun permitted Aloba to serve the motion on notice for judicial review on the Lagos State Attorney General and Commissioner for Justice, Lawal Pedro (SAN).
The ex parte order granting leave, along with the hearing notice, is also to be served on the Attorney General.
Aloba is requesting that the court conduct a judicial review to nullify the legal advice issued by the DPP and the ruling by Magistrate Ejiro Kubenje, which discharged and acquitted four suspects—Abdulazeez Fashola (a.k.a. Naira Marley), Samson Balogun Eletu (a.k.a. Sam Larry), Owoduni Ibrahim (a.k.a. Prime Boy), and Pere Babatunde—because the decision was unlawful.
The court granted the ex parte motion for judicial review following submissions by Wahab Shittu (SAN), counsel to the late Mohbad’s father.
Hearing in the case has been fixed for June 17.
In documents submitted to the court, the late Mohbad’s father cited the lack of fair hearing as one of the key grounds for his application.
He also argued that the DPP’s legal advice, which exonerated Naira Marley and Sam Larry, prematurely influenced the outcome of the Coroner’s inquest, which is still ongoing and has not yet determined the cause of Mohbad’s death.
