KEY POINTS
• Federal High Court in Abuja dismisses suit seeking fresh police investigation into Mohbad’s death.
• Justice James Omotosho rules that the applicant lacked the legal standing to institute the action.
• Court says the NGO failed to provide the earlier police investigation report to support its claims.
• Judge warns lawyers against discussing pending cases through interviews and social media.
MAIN STORY
The Federal High Court in Abuja has dismissed a 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 a judgment delivered on Thursday, held that the applicant lacked the legal right to institute the action and ruled that the suit was without merit.
The judge said the court could not rely on speculation where concrete evidence had not been presented.
The suit was filed by an NGO, Registered Trustees of Break the Silence Foundation, against the Inspector General of Police, the Nigeria Police Force and the Commissioner of Police, Lagos State Command.
The case, marked FHC/ABJ/CS/363/2026, sought judicial review and an order of mandamus compelling the police authorities to conduct a fresh investigation into the singer’s death.
Mohbad died in Lagos State on Sept. 12, 2023.
The court had earlier granted the NGO leave to commence the action through an ex parte application. In an application dated Feb. 23 and filed on Feb. 24 by Chief Tunde Falola, the group sought three reliefs.
The police authorities sued as the first to third respondents did not appear in the matter.
In dismissing the case, Omotosho focused on the NGO’s claim that an earlier police investigation had not been properly conducted because some relatives of the deceased, including his wife and father, were allegedly not investigated.
The judge said the group did not attach the report from the earlier investigation to establish whether those individuals had actually been investigated.
“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.”
The judge said the omission left the claim based on assertions rather than evidence and could not justify the reliefs being sought.
“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.
Omotosho also criticised lawyers involved in the case for granting interviews while the matter was before the court.
He said lawyers should direct their grievances and arguments through the courts and their chambers rather than the media or social media, warning that public commentary on pending cases could affect public perceptions of evidence before the court.
The judge further warned that the court could invoke its contempt powers if lawyers disregarded its position by continuing to grant interviews or make social media posts concerning the matter.
In his final decision, Omotosho held that the suit failed because the applicant lacked locus standi and because the case was without merit.
“Consequently, this suit is hereby dismissed,” the judge declared.
THE ISSUES
- The court found that the NGO lacked the legal standing required to sustain the action, which formed one of the grounds for dismissing the case.
- The judge also found that the claim that the earlier police investigation was inadequate was not supported by the investigation report itself, leaving the court without evidence to establish whether the alleged omissions occurred.
- The ruling highlights the court’s position that assertions about the conduct of an earlier investigation must be supported by evidence before they can form the basis for judicial relief.
- The court also raised concerns about lawyers discussing pending proceedings publicly, warning that interviews and social media posts could influence public perceptions of evidence and proceedings.
WHAT’S BEING SAID
“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 takes the precious time of the court which should be reserved for serious matters.” – Justice James Omotosho, Federal High Court, Abuja
“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.” –Justice James Omotosho, Federal High Court, Abuja
“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 James Omotosho, Federal High Court, Abuja
WHAT’S NEXT
The Federal High Court has dismissed the suit seeking a fresh police investigation into Mohbad’s death. The judgment also places a warning on lawyers involved in the matter against public commentary through interviews or social media while proceedings are pending.
BOTTOM LINE
The court dismissed the case after finding that the applicant lacked legal standing and had not provided evidence to support its claim that the earlier police investigation was inadequate. The judge also warned lawyers against publicly discussing pending proceedings.
