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Court Throws Out Suit Seeking Fresh Probe Into Mohbad’s Death

Key Takeaways

  • Justice James Omotosho of the Federal High Court, Abuja, dismissed Break the Silence Foundation’s suit seeking to compel police to reopen investigations into singer Mohbad’s death.
  • The judge ruled the foundation lacked legal standing and failed to submit the earlier police investigation report, leaving its claims about an inadequate probe unsupported.
  • Justice Omotosho warned lawyers against media or social media comments on pending cases, while the court’s dismissal leaves the police probe unchanged after Mohbad’s September 12, 2023 death.

The Federal High Court in Abuja has dismissed a lawsuit seeking to compel the Nigeria Police Force (NPF) to reopen investigations into the death of Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad.

Naija News reports that Justice James Omotosho dismissed the case in a judgment delivered on Thursday, ruling that the organisation that filed the suit lacked legal standing to bring the action.

The Registered Trustees of Break the Silence Foundation filed the case against the Inspector-General of Police (IGP), the Nigeria Police Force, and the Commissioner of Police, Lagos State Command.

The foundation had approached the court seeking an order directing the police to conduct a fresh investigation into the circumstances surrounding Mohbad’s death.

The group argued that the earlier police investigation was not thorough enough and claimed that some members of the late singer’s family had not been properly questioned during the initial probe.

However, Justice Omotosho said the foundation failed to provide the court with the report from the earlier police investigation.

According to the judge, the report was necessary to establish whether the police had actually failed to investigate the people mentioned by the applicant.

The court therefore found that the foundation’s claims rested on assertions unsupported by evidence.

Justice Omotosho also rejected the request for a fresh investigation, stating that the court could not rely on speculation or unproven claims when deciding whether to grant the reliefs the applicant sought.

The judge further criticised lawyers who grant media interviews or make social media posts about cases still before the courts.

He warned that such actions could affect public perception of the evidence and proceedings in a case.

He also reminded legal practitioners that matters before the courts should be addressed through proper legal channels rather than through the media or social media platforms.

Justice Omotosho warned that the court could exercise its contempt powers against lawyers who disregard the warning by making public comments about the case.

In his final decision, the judge held that the suit failed because the applicant lacked the legal standing to institute it and because the claims were not supported by sufficient evidence.

The court consequently dismissed the case.

Mohbad died in Lagos on September 12, 2023, at the age of 27.

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