The Federal High Court in Abuja on Wednesday granted permission to a non-governmental organisation (NGO) to commence a suit seeking an order of mandamus compelling the Inspector-General of Police to reinvestigate into the circumstances surrounding the death of singer Ilerioluwa “Mohbad” Aloba.
The judge, James Omotosho, granted the permission in a ruling on an ex-parte motion moved by lawyer to the NGO, Tunde Falola.
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The News Agency of Nigeria (NAN) reports that the NGO, Break the Silence Foundation, filed the motion marked: FHC/ABJ/CS/363/2026.
In the application filed on 24 Febriary by Mr Falola, the group sued the Inspecror-Genealral of Police, the Nigeria Police Force and Commissioner of Police, Lagos State Command.
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The group presented three prayers and the judge granted them, granting the necessary legal approval to the applicant to commence the suit.
Mohbad died on 12 September 2023, evoking widespread mourning and anguish over the circumstances surrounding his sudden death.
He was buried the following day, and was later exhumed on 21 September for an autopsy to determine the cause of death.
For nearly three years, controversies have swirled around the death preventing the interment of the singer’s body.
His father, Joseph Aloba, has been advocating justice to establish the cause of his death, a move that has led to a legal dispute.
Besides the issues concerning the cause of death, dispute over the paternity of Liam, Mohbad’s only son, has raged on since his demise.
Mr Aloba has granted several interviews, repeatedly challenging Liam’s paternity and insisting that a DNA test is necessary to establish the truth.
He also maintained that Wunmi was never legally married to his late son.
The new case in court adds a new lawyer to the puzzle the death has become in nearly three years, defying interventions of the police, previous court processes, the Lagos State Government, civil society organisations and many personalities in the entertainment industry who remain divided over the issue.
The case became more complicated when autopsy conducted on the late singer failed to determine the cause of his death in 2024. A forensic scientist and pathologist at the Lagos State University Teaching Hospital (LASUTH), Sunday Osiyemi, told a coroner court constituted to look into the circumstances of the death said the corpse ought to have been exhumed within 12 hours to effectively determine the cause of death.
Ruling
Delivering Wednesday’s ruling ruling, the judge granted leave to Break the Silence Foundation to “apply for an order of mandamus compelling the respondents to perform their statutory duties as provided for under Section 4 of the Police Act 2020.
“The police are to invite all persons, who were last seen with the deceased particularly his wife, one Omowumi Cynthia Aloba and close associates, as well as the deceased’s father, one Joseph Aloba of Ikorodu Area, Lagos.”
“The order is to also give the police permission to arrest and charge, where evidence so warrants, such other persons found to be directly or indirectly responsible for the death of the deceased.
The judge equally made an order granting leave to the organisation to effect the service of the originating summon to be filed in the case on the Lagos police commissioner by dropping a copy of same with any officer at the I-G’s Legal Department Office, Force Headquarters in Abuja and deeming same as proper service.
Mr Omotosho adjourned the matter until 4 May for hearing.
Why NGO is in court over Mohbad’s death
NAN reports that the affidavit in support of the motion was sworn by Bright Bassey, a litigation secretary in the law firm of Tunde Falola & Co, on behalf of the Chairman of the NGO, Lukmon Fabiyi.
Mr Bassey said the police had the duties to ensure that there is due enforcement of all laws and regulations and ensure justice for citizens regardless of status.
He said Fabiyi told him that Mohbad was his personal friend until his death in 2023.
He said upon the death of Mohbad, a well-known hip-hop sensational singer, widespread public protest erupted from Nigeria to Europe, America and Asia reflecting the general belief that his death was not natural.
“Following the huge public demand for justice, the 3rd respondent, under the control of the 1st respondent, commenced investigation into the circumstances surrounding the death of the deceased.”
He said the police arrested and prosecuted a nurse who allegedly treated an injury sustained by the deceased shortly before his death.
He, however, said that several credible stakeholders, including notable human rights groups strongly believed that the police investigation was incomplete and compromised, particularly because certain individuals, who were last seen with the deceased, were not thoroughly investigated or made to face interrogation.
Mr Bassey said against this development, the NGO, acting in the public interest, petitioned the Office of the President of the Federal Republic of Nigeria alleging foul play in the investigation.
He said this led to the directive that the investigation into the case be reopened and subsequently, the matter was transferred to Force Criminal Investigation Department (FCID), Abuja for fresh, unbiased and comprehensive reinvestigation.
READ ALSO: DNA: Nearly three years after, Mohbad remains unburied, as father seeks Tinubu’s intervention
He said the applicant, through its lawyer wrote a letter dated 14 January addressed to the Deputy Inspector General of Police, FCID, requesting “the inclusion of one Mr Joseph Aloba (Mohbad’s father) of Ikorodu Area Lagos State in the reinvestigation into the cause of death of the deceased and for a thorough diligent and unbiased re-investigation.”
He said the NGO was orally informed by the police lawyer that the case file had been transferred to the Lagos State Police Command under the control of the Inspector-general of police and the commissioner.
Mr Bassey said another letter, dated 6 February was written to the Lagos State police commissioner demanding a credible, impartial and result-oriented re-investigation into Mohbad’s death.
He, however, alleged that the police failed to carry out proper reinvestigation, leading to the institution of the suit.
The litigation secretary stated that it was the constitutional obligation of the group to ensure that the deceased gets justice.
He said it was in the interest of justice for the court to grant the application.
(NAN)
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