A Lagos State Magistrate Court, Sabo, Yaba, Lagos, has cleared Abdulazeez Fashola, popularly known as Naira Marley, and three others of any involvement in the September 12, 2023 controversial death of Aloba Oladimeji Ilori-Oluwa, also known as Mohbad.
Magistrate Ejiro Kubenje, who gave the verdict based on the legal advice issued by the Directorate of Public Prosecution (DPP) Lagos State, also acquitted music promoter Samson Balogun Eletu, known as Sam Larry, as well as Owodunni Ibrahim, known as Primeboy, and Mohbad’s former manager, Opere Babatunde
The court held in a ruling that based on the police investigation and other attached evidence, the four men had no hand in the death of Mohbad and so had no case to answer.
However, the DPP’s advice indicted the auxiliary nurse who treated Mohbad, Feyisayo Ogedengbe, along with one of Mohbad’s friends, Ayobami Sadiq.
Following their indictment, the Lagos State Attorney General and Commissioner for Justiceis set to prosecute them before the Magistrate Court for reckless and negligent conduct in violation of Section 251 (e) of the Criminal Law, Chapter C.17, Volume 3, Laws of Lagos State, 2015.
In the advice signed by the Director of Public Prosecution (DPP), Dr Babajide Martins, on behalf of the Lagos State Attorney General and Commissioner for Justice, Senior Advocate of Nigeria Lawal Pedro, the state stated that the legal advice was issued after its forensic investigation.
The DPP revealed that while documented accounts show that Naira Marley and Sam Larry committed unlawful assault against Mohbad, these accusations do not make them criminally responsible for his death.
“Whilst this Office acknowledges that the documented accounts of unlawful assault on the deceased were actually carried out by Abdulazeez Fashola (A.K.A. Naira* Marley), Samson Balogun Eletu (A.K.A. Sam Larry) (also at the behest and on behalf of Marley and Opere Babatunde respectively, these accusations cannot however rise to the point of criminal responsibility in view of the demise of the deceased.
“Most importantly, this Office is unable to act on the complaint of assault the deceased lodged against Naira Marley at Ilasan Police Station in respect of an assault he underwent in the hand of Marley on 8th October 2022′ as said complaint was by another letter dated 11th October 2022 withdrawn by the deceased on the ground that the matter had been settled amicably.
“Samson Balogun Eletu (A.K.A. Sam Larry) (M), Abdulazeez Fashola (A.K.A. Naira Marley) (M) and Opere Babatunde (M) respectively have no case to answer in view of the demise of the deceased and should be released if still in custody.
“Lastly, Owodunni Ibrahim (A.K.A. Primeboy) also has no case to answer as none of his actions amounted to a crime. He should also be released if still in custody,” the DPP advised.
The advice also detailed the circumstances surrounding Mohbad’s injury, which ultimately led to his death.
“In September 2023, Mohbad attended a concert organised by Soso Sobrekon in Ikorodu, accompanied by his wife, Cynthia, who was carrying their son and several others.
“While attempting to leave the concert, Primeboy tried to dissuade Mohbad due to the presence of some touts demanding money. This refusal angered Mohbad, prompting him to strike Primeboy, who did not retaliate. During this confrontation, Mohbad punched Primeboy and accidentally hit the glass of a vehicle, resulting in a cut to his arm. He sustained an injury in his right arm that bled and swelled. Unfortunately, this injury was improperly managed by an auxiliary nurse who lacked medical training, leading to Mohbad’s eventual death,” the DPP further explained.
While quoting Section 251(e) of the Criminal Law, 2015 on what constitutes an Offence of Reckless and Negligent Acts, and Section 209 of the Criminal Law, of Lagos State, 2015, the DPP’s advice indicted Mohbad’s friend, Ayobami Sadiq who procured an auxiliary nurse, Feyisayo Ogedengbe to treat the deceased knowing that she lacked the training of a medical practitioner, making them both liable for Involuntary Manslaughter.
“Facts in the duplicate case file reveal that Feyisayo Ogedengbe is the auxiliary nurse who was procured by Ayobami Sadiq to treat the deceased for the injury he sustained on 10th September 2023 during a disagreement with Primeboy.
“Also, Section 16(1)(d) of the Criminal Law, 2015, provides that where an offence is committed, any person who procures another to commit the offence is also guilty of the same offence. Sadiq having procured Ogedengbe, an unqualified nurse, to treat the deceased, thereby leading to his death, Sadiq is culpable of the same offence as Ogedengbe,” the DPP’s advice asserted.
The state government had charged all the defendants before the court on October 6 over their alleged involvement in the death of Mohbad, who died on 12 September in Lagos under controversial circumstances.
