The Federal High Court in Abuja on Wednesday gave an NGO permission to apply for an order of mandamus compelling the Inspector-General (I-G) of Police to re-investigate the circumstances surrounding Mohbad’s death.
Justice James Omotosho granted the permission in a ruling on an ex parte motion moved by a lawyer to the NGO, Chief Tunde Falola, to that effect.
The NGO, Registered Trustees of Break the Silence Foundation, filed the motion marked: FHC/ABJ/CS/363/2026.
In the application dated Feb. 23 but filed Feb. 24 by Falola, the group sued the I-G, Nigeria Police Force, and the Commissioner of Police, Lagos State Command, as the 1st to 3rd respondents.
The NGO sought three forms of relief, 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 all persons who were last seen with the deceased, particularly his wife, one Omowumi Cynthia Aloba and close associates, as well as the deceased’s father, one 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 in the law firm of Tunde Falola & Co, on behalf of the Chairman of the NGO, Mr Lukmon Fabiyi.
Bassey averred that the police had the duty to ensure that there is due enforcement of all laws and regulations and ensure justice for citizens regardless of status.
He said Fabiyi told him that Mohbad was his personal friend until his death in 2023.
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.
He said the police arrested and prosecuted a nurse who allegedly treated an injury sustained by the deceased shortly 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 into the case, 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.”
He said the NGO was orally informed by the police lawyer that the case file had been transferred to the Lagos State Police Command under the control of the I-G and the commissioner.
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 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.
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