Court rejects plea for new probe into Mohbad’s death

The Federal High Court in Abuja has dismissed a case by a non-governmental organization, Registered Trustees of Break the Silence Foundation. They wanted to force the police to reopen the investigation into the death of Afrobeats singer Ilerioluwa "Mohbad" Aloba.

According to PREMIUM TIMES, the suit named the Inspector-General of Police, the Nigeria Police Force, and the Commissioner of Police, Lagos State Command, as the parties involved.

Justice James Omotosho threw out the application after deciding that the foundation did not show enough legal interest in the case to be included. He allowed the group to start the process through an ex parte application for judicial review and an order of mandamus to push the police to investigate Mr Aloba’s death again.

Ruling

While delivering the judgment, which had been delayed because none of the respondents showed up in court, Justice Omotosho stated that the applicant did not have the legal grounds to bring the case. Leadership newspaper reported this on Friday.

He called the suit without merit and said the court would not look at claims based only on guesses without solid proof. "This suit is therefore without credible evidence and thus without merit. I must say here that lawyers are bound to know the elementary principle of law and not flood the courts with frivolous and baseless cases which take the precious time of the court, which should be reserved for serious matters," Justice Omotosho said.

The judge pointed out that the group did not provide a copy of the initial police report to show that the previous investigation was not enough.

Report

The judge added that the NGO failed to provide the initial investigation report needed to evaluate the investigation’s thoroughness, even though they claimed that the police did not look into all the necessary areas.

"The applicant stated that the police had earlier investigated the matter, but that the police did not investigate the same well, as some relatives of the deceased were not investigated. Hence, the applicant seeks a reinvestigation of the matter.

"Now the applicant did not attach the investigation report of the first investigation to conclude that those persons it mentioned, such as the wife and the father of the deceased, were indeed not investigated."

Justice Omotosho noted that the applicant did not submit the investigation report to the court, leaving no proof to show if those people were actually investigated.

He said this gap weakened the applicant’s case, as the claim was based on guesses without any documents to back it. The judge stressed that mere claims would not be enough, stating that an allegation without proof could not support the relief being sought.

Caution

Justice Omotosho also warned the lawyers involved not to speak publicly about the case, including through media interviews and social media. He said any lawyer who ignores this warning and discusses the case could face contempt charges.

Mohbad died on 12 September 2023 and was buried the next day. Nine days later, his body was exhumed for an autopsy to find out what caused his death.

Three years after his death, many questions about his passing remain unresolved, including the paternity of his son, Liam, and who owns his properties.

The ongoing issues have also led to his father, Joseph Aloba, deciding not to go ahead with his son’s final burial. Mr Aloba has repeatedly called for justice and answers about the circumstances of his son's death.