A Lagos High Court sitting in Ikeja has refused to grant an application by Joseph Aloba, the father of late Mohbad, seeking to quash the DPP’s legal advice freeing Naira Marley and Sam Larry on allegations of being involved in Mohbad’s death. Justice Taiwo Olatokun held that the powers of the Attorney General on whether to prosecute or not were validly exercised.
“The powers of the Attorney General (acting through the DPP) could not be questioned, and as such, the reliefs sought by the late Mohbad’s father could not be granted,” Justice Olatokun said. The court, therefore, dismissed the application.
Mohbad’s father had cited a lack of fair hearing as one of the grounds for the application, arguing that the DPP’s legal advice freeing the duo pre-empted the proceedings of the Coroner’s inquest. However, the respondents argued that the suspects were not acquitted but discharged, as there was no fact disclosed linking them to Mohbad’s death.
The applicant’s counsel, Wahab Shittu, SAN, said his client was ready to test the judgment on appeal.