Joseph Aloba, father of the late Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad, has filed a notice of appeal challenging the Lagos State High Court’s decision refusing to quash the legal advice by the Director of Public Prosecutions (DPP) which absolved Naira Marley and Sam Larry of involvement in his son’s death.

Aloba, through his lawyer, Wahab Shittu (SAN), filed the notice of appeal on Monday, July 7, 2025, at the Court of Appeal in Lagos.

He contended that the trial court erred in law when it held that the powers of the Attorney-General under Section 211(1) of the 1999 Constitution are “settled and unassailable,” and that prosecutorial discretion is absolute and non-justiciable, save for political or public accountability.

In his appeal, Aloba argued that Justice Taiwo Olatokun, who delivered the ruling on July 2, failed to consider Section 211(3) of the Constitution, which mandates the Attorney-General to exercise prosecutorial powers with regard to public interest, the interest of justice, and the need to prevent abuse of legal process.

Citing the Supreme Court decision in Elias Madukaegbu vs The State, Aloba insisted that the Attorney-General’s exercise of discretion in this matter — despite ongoing proceedings under the Lagos State Coroner’s Systems Law, 2015 — is contrary to the public interest and constitutes an abuse of judicial process.

The grieving father asked the Court of Appeal to allow his appeal and issue an order of certiorari to quash the legal advice and recommendations of the DPP and Attorney-General concerning Mohbad’s death.

The appellate court has yet to fix a date for hearing the matter.

Earlier, on July 2, 2025, Justice Olatokun ruled that the Attorney-General, acting through the DPP, had validly exercised the discretion to decide whether or not to prosecute, adding that such prosecutorial powers cannot be questioned. Consequently, the court dismissed Aloba’s application.

Joseph Aloba, suing on behalf of the Aloba family, had taken the Lagos State Attorney-General and the DPP to court, alleging a lack of fair hearing in the issuance of the legal advice that exonerated Naira Marley and Sam Larry.

In his original application, Aloba argued that the DPP’s legal advice prematurely absolving the duo pre-empted the Coroner’s inquest, which is still investigating the circumstances surrounding Mohbad’s death. He further claimed that vital suspects named during the coroner’s proceedings had been prematurely freed.

However, in a counter-affidavit dated June 24, a legal assistant from the DPP’s office, Ayinde Ibrahim, maintained that the individuals released were not acquitted but merely discharged, as there was no evidence linking Naira Marley, Sam Larry, Prima Boy, or Opere Babatunde to Mohbad’s death.

The DPP’s office argued that its legal advice was based on the comprehensive criminal case file, which neither the Coroner nor the applicant had access to, and urged the court to dismiss Aloba’s application in the interest of justice.