The Federal High Court in Abuja has dismissed the suit seeking to compel the police to reopen investigations into the circumstances surrounding the death of musician Ilerioluwa Aloba, popularly known as Mohbad.
Justice James Omotosho, in the judgment delivered on Thursday, held that the applicant lacked the legal right to institute the suit.
The judge, who said that the suit was devoid of merit, said the court would not be drawn into speculations without concrete 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.”
The News Agency of Nigeria (NAN) reports that an NGO, Registered Trustees of Break the Silence Foundation, had filed the suit marked: FHC/ABJ/CS/363/2026.
The Inspector-General (I-G) of Police, the Nigeria Police Force and the Commissioner of Police, Lagos State Command, who were sued as 1st to 3rd respondents, had failed to appear in the matter.
The late Mohbad died on Sept. 12, 2023 in Lagos State.
The court had earlier granted leave to the NGO to commence the action through an ex-parte application seeking judicial review and an order of mandamus compelling the police authorities to conduct a fresh investigation into the singer’s death.
In the application dated Feb. 23 but filed Feb. 24 by Chief Tunde Falola, the group had sought three reliefs.
Delivering the judgment, Justice Omotosho observed that though the NGO argued that the police had earlier investigated the matter but failed to carry out a thorough probe, the group failed to present the first investigation report to ascertain its propriety.
“The applicant stated that the police had earlier investigated the matter but that the police did not investigate same well as some relatives of the deceased were not investigated.
“Hence the applicant seeks a re-investigation into 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.
“Without this investigation report, there is nothing to show that the said persons were investigated or not.
“This omission by the applicant makes their claim speculative and full of conjectures.
“The applicant cannot hope to succeed on this particular issue on mere assertion without proof.
“Without any proof, the assertion remains unproven and cannot ground the grant of any relief,” he said.
The judge also condemned the attitude of the lawyers granting interview while a case is pending in court.
“All of us in the legal profession should always have it in mind that this profession is a noble one and social media or the press is not our workshop.
“Courts and chambers are where we should concentrate our grievances and expressions.
“Granting interviews or making posts on social media while a matter is pending give some negative impression to the public and can sway public perception regarding exhibits and evidence in court.
“In the wisdom of our fathers, it is an anathema for a lawyer to give interviews while a suit is pending in court.
“This is a serious misconduct that the court has always observed and warned lawyers to desist from.
“It is based on this that this court again reiterates that lawyers must refrain from giving interviews as it was observed that interviews were granted in this matter and same got to the social space.”
The judge stressed that the court will not hesitate to use its power of contempt if the order of this court is flouted by a lawyer going ahead to grant interviews or making social media posts regarding this matter.
“In final analysis, the suit of the applicant fails for lack of locus standi and for being without merit.
“Consequently, this suit is hereby dismissed,” Justice Omotosho declared.
(NAN)
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