The Sabo-Yaba Magistrate Court on Tuesday discharged singer Abdulazeez Fashola, popularly known as Naira Marley, and his ally Samson “Sam Larry” Eletu in connection with the death of a Nigerian artiste, Ilerioluwa”Mohbad” Aloba.
The court said, instead, it was a nurse, Feyisayo Ogedengbe, and Ayobami Sadiq who should be prosecuted for Mohbad’s death due to alleged recklessness and negligence.
The magistrate, E. Kubeinje, said the ruling was on the advice of the state’s Department of Public Prosecution (DPP), signed by its director, Babajide Martins.
The magistrate said the DPP had advised the court to strike out the names of Naira Marley, Sam Larry, Owodunni Ibrahim (alias Primeboy) and Mohbad’s manager, Babatunde Opere, for lack of evidence linking them to the death of Mohbad.
Kubeinje said the DPP had a prima facie case of the offence of reckless and negligent acts, contrary to section 251(e) of the Criminal Laws of Lagos State, 2015, against Ogedengbe and Sadiq, respectively.
She said the court agreed that an unlawful assault was carried out by Naira Marley, Sam Larry, Opere, and Primeboy on Mohbad, but the assault could not rise to the point of criminal responsibility in view of the deceased.
Kubeinje added that Mohbad had also previously withdrawn his complaint against Naira Marley, dated October 11, 2022, on assault, on the grounds that the matter had been settled amicably; hence, the defendants have no case to answer.
The court, thereafter, ruled that Ogedengbe and Sadiq should be prosecuted for recklessness and negligence, which contravened section 251(e) of the Criminal Laws of Lagos State, 2015.
She also ruled that Sam Larry, Naira Marley, Primeboy, and Babatunde, respectively, have no case to answer in view of the demise of the deceased.
Kubeinje said the defendants should be released if still in custody.
The magistrate adjourned the case until March 24 for an update in view of the ruling.
