The Federal High Court sitting in Abuja has dismissed a suit seeking an order compelling the police to reopen investigations into the circumstances surrounding the death of Nigerian musician Ilerioluwa Aloba, popularly known as Mohbad.
Justice James Omotosho, in a judgment delivered on Thursday, ruled that the applicant lacked the legal standing, or locus standi, to institute the action.
The judge also held that the case lacked sufficient evidence to support the allegations made by the applicant, stressing that the court would not rely on speculation in the absence of concrete proof.
“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 take the precious time of the court which should be reserved for serious matters.”
According to the News Agency of Nigeria (NAN), the Registered Trustees of Break the Silence Foundation, a non-governmental organisation, instituted the suit, marked FHC/ABJ/CS/363/2026.
The Inspector-General of Police, the Nigeria Police Force and the Commissioner of Police, Lagos State Command, were listed as the first to third respondents respectively. However, none of the respondents appeared in court for the proceedings.
Mohbad died in Lagos State on Sept. 12, 2023, under circumstances that subsequently generated widespread public attention and calls for further investigation.
The Federal High Court had earlier granted the NGO leave to commence the action through an ex-parte application. The application sought judicial review and an order of mandamus directing the police authorities to conduct a fresh investigation into the singer’s death.
In the application dated Feb. 23 and filed on Feb. 24 by Chief Tunde Falola, the organisation sought three reliefs.
In his judgment, Justice Omotosho said the NGO claimed that the police had previously investigated the matter but failed to conduct a comprehensive probe because some relatives of the deceased were allegedly not questioned.
However, the judge noted that the applicant did not submit the report from the earlier investigation to substantiate the claim.
“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.
“Hence the applicant seeks a re-investigation into the matter.
“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.
“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 take the precious time of the court which should be reserved for serious matters.”
The judge further held that the omission weakened the applicant’s case and left its claims unsupported.
“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.
Justice Omotosho also criticised lawyers who grant media interviews while matters they are handling are still before the courts.
“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.
“Granting interviews or making posts on social media while a matter is pending give some negative impression to the public and can sway public perception regarding exhibits and evidence in court.
“In the wisdom of our fathers, it is an anathema for a lawyer to give interviews while a suit is pending in court.
“This is a serious misconduct that the court has always observed and warned lawyers to desist from.
“It is based on this that this court again reiterates that lawyers must refrain from giving interviews as it was observed that interviews were granted in this matter and same got to the social space.”
The judge warned that the court could invoke its contempt powers against any lawyer who disregards the directive by granting interviews or making social media posts concerning the case.
“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 Omotosho declared.
