Judiciary symbol
The Federal High Court in Abuja has dismissed a suit seeking an order of mandamus to compel the Nigeria Police Force to launch a fresh investigation into the death of late musician Ilerioluwa Aloba, popularly known as Mohbad.
Delivering judgment on Thursday, Justice James Omotosho held that the applicant, an NGO named Registered Trustees of Break the Silence Foundation, lacked the locus standi (legal standing) to institute the action. The judge further ruled that the application was devoid of merit and based on speculation rather than concrete proof.
The late singer died under controversial circumstances in Lagos State on September 12, 2023.
In the suit marked FHC/ABJ/CS/363/2026, filed through counsel Chief Tunde Falola, the NGO had named the Inspector-General of Police, the Nigeria Police Force, and the Commissioner of Police, Lagos State Command, as respondents. The applicant contended that the initial police investigation was flawed because key individuals, including relatives of the deceased, were allegedly not questioned.
However, Justice Omotosho noted that the applicant failed to tender the original police investigation report in court to substantiate its claims of procedural failure.
“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,” Justice Omotosho stated. “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 judge strongly criticised the filing of baseless actions, reminding legal practitioners of their professional duty to avoid clogging the judicial system with unmeritorious claims.
Justice Omotosho also issued a stern warning regarding media commentary by counsel while proceedings are ongoing. Condemning the practice of lawyers granting interviews and posting case details on social media platforms, the judge noted that such conduct sways public perception and risks undermining the administration of justice.
Warning that future violations could attract contempt proceedings, the court reaffirmed that legal arguments belong in chambers and courtrooms rather than the public media space.
“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,” the court ruled.
