Court dismisses suit seeking fresh investigation into Mohbad’s death

The Federal High Court in Abuja has thrown out a suit by a non-governmental organisation (NGO), Registered Trustees of Break the Silence Foundation, seeking to compel the police to reopen investigations into the death of Afrobeats singer Ilerioluwa “Mohbad” Aloba.

PREMIUM TIMES gathered that the suit listed the Inspector-General of Police (IGP), the Nigeria Police Force and the Commissioner of Police, Lagos State Command, as respondents.

Justice James Omotosho dismissed the application after finding that the foundation had not shown sufficient legal interest in the matter to warrant its joinder.

He granted the organisation leave to commence the proceedings through an ex parte application seeking judicial review and an order of mandamus to compel the police to carry out a fresh investigation into Mr Aloba’s death.

Ruling

Delivering judgment in the suit, which was earlier postponed after none of the respondents appeared in court when the matter was called, Justice Omotosho held that the applicant lacked the legal right to institute the case, Leadership newspaper reported on Friday.

He further described the suit as meritless and maintained that the court would not entertain claims based solely on speculation without concrete evidence.

“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 in his ruling.

The judge said the group provided no copy of the initial police report to demonstrate that the earlier investigation was inadequate.

Report

Additionally, the judge said the NGO did not provide the initial investigation report needed to assess the propriety of the probe, despite its argument that the police had earlier investigated the matter without conducting a comprehensive investigation.

“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.”

The judge noted that the applicant failed to place the investigation report before the court, leaving nothing to establish whether the persons concerned underwent any investigation.

Justice Omotosho said the omission weakened the applicant’s case, as the claim amounted to speculation and conjecture without documentary evidence.

He maintained that mere assertions could not suffice, adding that an allegation unsupported by evidence could not justify the relief being sought.

Caution

Justice Omotosho warned counsel involved in the matter to refrain from speaking publicly about the proceedings, including through media interviews and social media posts.

He said any lawyer who disregards the court’s directive by discussing the case publicly could face contempt proceedings.

The “KPK” hitmaker died on 12 September 2023 and was buried the following day. Nine days later, his remains were exhumed and taken for an autopsy as part of efforts to determine what caused his death.

Three years after his death, several questions surrounding his death remain unresolved, including the paternity of his son, Liam, and the ownership of his properties, among others.

The lingering controversies also contributed to his father, Joseph Aloba’s decision not to proceed with his son’s final burial.

Mr Aloba has repeatedly demanded justice and answers over the circumstances surrounding his son’s death.