Abuja: The Federal High Court in Abuja on Wednesday allowed an NGO to officially request a court order directing the Inspector-General (I-G) of Police to reopen the investigation into Mohbad’s death.
Justice James Omotosho permitted the NGO to proceed with the application after lawyer Chief Tunde Falola presented the case on their behalf.
The NGO, Break the Silence Foundation, filed the motion, FHC/ABJ/CS/363/2026, through its lawyer, Chief Tunde Falola.
In the application dated Feb. 23 but filed Feb. 24 by Falola, the group sued the I-G, the Nigeria Police Force, and the Commissioner of Police, Lagos State Command, as the 1st to 3rd respondents.
The NGO sought three reliefs, and the judge granted them.
The late Ilerioluwa Promise Oladimeji Aloba, a musician popularly known as MOHBAD, died in September 2023 in Lagos State.
Delivering the ruling, Justice Omotosho also granted leave to the NGO 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 key individuals last seen with the deceased, including his wife, Omowumi Cynthia Aloba, close associates, and his father, 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 summons to be filed in the case on the Lagos police commissioner by dropping a copy of the same with any officer at the I-G’s Legal Department Office, Force Headquarters in Abuja and deeming the same as proper service.
Justice Omotosho adjourned the matter until May 4 for hearing.
The affidavit in support of the motion was deposed to by Bright Bassey, a Litigation Secretary at the law firm of Tunde Falola & Co, on behalf of the NGO’s Chairman, Mr Lukmon Fabiyi.
Bassey averred that the police had the duty to ensure the due enforcement of all laws and regulations and to ensure justice for citizens regardless of status.
Fabiyi was a personal friend of Mohbad.
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 an investigation into the circumstances surrounding the death of the deceased.
Police prosecuted a nurse who treated Mohbad 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.
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 to reopen the investigation, and subsequently, the matter was transferred to the Force Criminal Investigation Department (FCID), Abuja, for a fresh, unbiased and comprehensive reinvestigation.
He said the applicant, through its lawyer, caused a letter dated Jan. 14 addressed to the Deputy Inspector General of Police, FCID, “to be written requesting the inclusion of one Mr Joseph Aloba 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.”
The police then informed the NGO that the case had been transferred to the Lagos authorities.
Bassey said another letter, dated Feb. 6, was written to the Lagos 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 a proper reinvestigation, leading to the institution of the suit.
The litigation secretary stated that it was the group’s constitutional obligation to ensure that the deceased receives justice.
He said it was in the interest of justice for the court to grant the application.
