Court Rejects Fresh Probe Bid Into Mohbad’s Death, Says NGO Lacked Legal Standing

The Federal High Court sitting in Abuja has dismissed a suit seeking to compel the Nigeria Police Force to reopen investigations into the circumstances surrounding the death of Nigerian singer Ilerioluwa Aloba, popularly known as Mohbad.

Justice James Omotosho, in a judgment delivered on Thursday, dismissed the case filed by the Registered Trustees of Break the Silence Foundation, holding that the organisation lacked the legal standing, or locus standi, to institute the action.

The suit, marked FHC/ABJ/CS/363/2026, was brought against the Inspector-General of Police, the Nigeria Police Force and the Commissioner of Police, Lagos State Command. The foundation had asked the court to order the police to conduct a fresh investigation into Mohbad’s death.

The organisation argued that the earlier police investigation had not been sufficiently thorough and alleged that some people close to the deceased, including his wife and father, were not properly investigated. It therefore sought judicial review and an order of mandamus compelling the police to reopen the case.

However, Justice Omotosho found a critical evidentiary gap in the foundation’s case. According to the court, the applicant failed to attach the report of the earlier police investigation, making it impossible to determine from the evidence before the court whether the alleged omissions actually occurred.

The judge said the claim that the previous investigation was inadequate could not be established merely through assertions. He held that without the relevant investigation report or other concrete evidence, the allegations remained speculative and could not provide sufficient grounds for the reliefs being sought.

Justice Omotosho also criticised lawyers involved in the matter for granting interviews and making comments on social media while the case was pending. He said legal practitioners should direct their arguments and grievances through the courts and their professional chambers rather than using the media to discuss matters before a judge.

The court warned that public comments by lawyers on pending proceedings could create a negative impression and potentially influence public perception of evidence being considered by the court. Justice Omotosho further stated that the court could exercise its contempt powers if lawyers disregarded its warning.

Mohbad died in Lagos on September 12, 2023, at the age of 27, triggering widespread public concern and demands for answers about the circumstances surrounding his death. His body was subsequently exhumed for an autopsy, while the controversy surrounding the case has continued through legal and investigative proceedings.

In the final ruling, Justice Omotosho concluded that the suit failed both on the issue of legal standing and on its merits, and consequently dismissed the action. The decision means the foundation has not obtained the court order it sought compelling the police to reopen their investigation.