The Federal High Court in Abuja has dismissed a suit filed by a non-governmental organisation, Registered Trustees of Break the Silence Foundation, seeking to compel the police to reopen investigations into the death of Afrobeats singer Ilerioluwa "Mohbad" Aloba. The suit, which listed the Inspector-General of Police, the Nigeria Police Force, and the Commissioner of Police, Lagos State Command, as respondents, was thrown out by Justice James Omotosho. The judge found that the foundation had not shown sufficient legal interest in the matter to warrant its joinder.
The court had 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. However, delivering judgment in the suit, Justice Omotosho held that the applicant lacked the legal right to institute the case. The judge described the suit as meritless and maintained that the court would not entertain claims based solely on speculation without concrete evidence.
According to the judge, the group provided no copy of the initial police report to demonstrate that the earlier investigation was inadequate. The NGO also 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 had stated that the police had earlier investigated the matter, but that some relatives of the deceased were 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.
Mohbad 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. The circumstances surrounding his death remain unclear, with several questions still unanswered, including the paternity of his son, Liam, and the ownership of his properties.
The lingering controversies surrounding Mohbad's death have 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. The court's decision has dealt a blow to efforts to seek a fresh investigation into the matter.
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 court's decision brings an end to the suit, but the controversy surrounding Mohbad's death is likely to continue.
Key points
- The Federal High Court in Abuja has dismissed a suit seeking a fresh investigation into the death of Afrobeats singer Mohbad.
- The court found that the applicant, Registered Trustees of Break the Silence Foundation, lacked sufficient legal interest in the matter.
- Mohbad's death on 12 September 2023 remains shrouded in controversy, with several questions still unanswered.
