The Federal High Court in Abuja has dismissed a suit seeking a fresh police investigation into the death of Nigerian musician Ilerioluwa Aloba, popularly known as Mohbad. The court ruled that the applicant, the Registered Trustees of Break the Silence Foundation, lacked the legal standing to institute the suit. Justice James Omotosho delivered the judgment on Thursday, stating that the case was without merit and that concrete evidence was required to support the claims presented.
The suit, marked FHC/ABJ/CS/363/2026, was filed by the NGO seeking judicial review and an order of mandamus compelling the police authorities to conduct a fresh investigation into Mohbad's death. The Inspector-General of Police, the Nigeria Police Force, and the Commissioner of Police, Lagos State Command, were listed as respondents but did not appear in the matter. Mohbad died in Lagos State on September 12, 2023, at the age of 27, generating widespread public attention and calls for an investigation.
Justice Omotosho criticized lawyers for filing what he described as frivolous and baseless cases, saying such matters consume valuable judicial time that should be reserved for serious cases. He also expressed concern about lawyers granting media interviews and making social media posts while the matter was pending before the court. The judge warned that public comments by lawyers could negatively affect public perception of the evidence and proceedings.
The applicant had argued that the police previously investigated Mohbad's death but failed to conduct a thorough investigation because some relatives of the deceased were allegedly not questioned. However, Justice Omotosho found that the NGO failed to provide sufficient evidence to establish that the earlier police investigation was inadequate. The judge noted that the applicant did not attach the report from the earlier investigation to support its claim.
The absence of the investigation report meant there was no evidence before the court showing whether the deceased's relatives had been investigated or not. Justice Omotosho described the omission as making the applicant's claim speculative and based on conjecture. He emphasized that an assertion without proof could not provide sufficient grounds for the court to grant the reliefs sought.
Justice Omotosho also warned that the court would not hesitate to exercise its contempt powers if a lawyer flouted its orders by granting interviews or making social media posts concerning the matter. In his final ruling, the judge held that the suit failed because the applicant lacked locus standi and because the case was without merit. Consequently, the suit was dismissed.
The court's decision brings an end to the NGO's attempt to compel the police to reopen their investigation into Mohbad's death. The case highlights the importance of providing concrete evidence to support claims presented in court. The judge's warning to lawyers about granting media interviews while a case is pending also underscores the need for professionalism and respect for the judicial process.
Key points
- The Federal High Court in Abuja dismissed a suit seeking a fresh police investigation into Mohbad's death due to lack of merit and legal standing.
- The applicant, Break the Silence Foundation, failed to provide sufficient evidence to establish that the earlier police investigation was inadequate.
- The judge warned lawyers against granting media interviews and making social media posts while a case is pending, emphasizing the need for professionalism and respect for the judicial process.
