The Federal High Court in Abuja on Wednesday granted permission to a non-governmental organisation (NGO) to commence a suit seeking an order of mandamus compelling the Inspector-General of Police to reinvestigate the circumstances surrounding the death of singer Ilerioluwa “Mohbad” Aloba.
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Justice James Omotosho granted the permission in a ruling on an ex parte motion moved by counsel to the NGO, Tunde Falola.
The NGO, Break the Silence Foundation, filed the motion marked FHC/ABJ/CS/363/2026.
In the application filed on February 24 by Falola, the group sued the Inspector-General of Police, the Nigeria Police Force, and the Commissioner of Police, Lagos State Command.
The group presented three prayers, all of which were granted by the court, giving the applicant legal approval to commence the substantive suit.
Mohbad died on September 12, 2023, sparking widespread mourning and public outrage over the circumstances surrounding his sudden death.
He was buried the following day and later exhumed on September 21 for an autopsy to determine the cause of death.
Nearly three years later, controversies surrounding his death persist, delaying the reburial of his remains.
His father, Joseph Aloba, has continued to demand justice and clarity on the cause of death, leading to ongoing legal disputes.
In addition to the cause of death, a dispute over the paternity of Liam, Mohbad’s only son, has also persisted since his demise.
Joseph Aloba has repeatedly questioned the child’s paternity, insisting on a DNA test, and has also maintained that Wunmi was not legally married to the late singer.
The case has grown more complex over time, despite interventions by the police, courts, the Lagos State Government, civil society organisations, and stakeholders in the entertainment industry, many of whom remain divided on the matter.
The controversy deepened after an autopsy conducted in 2024 failed to determine the cause of death. A forensic pathologist at the Lagos State University Teaching Hospital (LASUTH), Sunday Osiyemi, told a coroner’s court that the body ought to have been exhumed within 12 hours to enable an effective determination of the cause of death.
Delivering the ruling, Justice Omotosho granted leave to the Break the Silence Foundation to apply for an order of mandamus compelling the respondents to perform their statutory duties under Section 4 of the Police Act 2020.
The court directed that the police invite all persons who were last seen with the deceased, particularly his wife, Omowumi Cynthia Aloba, close associates, and his father, Joseph Aloba of Ikorodu, Lagos.
The order also permits the police to arrest and prosecute any individual found to be directly or indirectly responsible for the death, where evidence so warrants.
The court further granted leave to the organisation to serve the originating summons on the Lagos State Commissioner of Police by delivering same to any officer at the Inspector-General’s Legal Department at the Force Headquarters in Abuja, with such service deemed proper.
The matter was adjourned until May 4 for hearing.
In an affidavit supporting the motion, deposed to by Bright Bassey, a litigation secretary at Tunde Falola & Co., on behalf of the NGO’s chairman, Lukmon Fabiyi, it was stated that the police have a duty to enforce laws and ensure justice for all citizens.
Bassey stated that Fabiyi was a personal friend of the late singer and that Mohbad’s death triggered widespread protests across Nigeria and internationally, reflecting public suspicion that his death was not natural.
He noted that the police initially investigated the matter and prosecuted a nurse who allegedly treated an injury sustained by the deceased before his death.
However, he alleged that several key individuals who were last seen with the singer were not thoroughly investigated.
According to him, the NGO, acting in the public interest, petitioned the Presidency, which led to a directive for the case to be reopened and transferred to the Force Criminal Investigation Department (FCID), Abuja, for a fresh and unbiased investigation.
He added that the NGO’s counsel wrote to the Deputy Inspector-General of Police, FCID, on January 14, requesting the inclusion of Joseph Aloba in the reinvestigation.
Subsequently, another letter dated February 6 was sent to the Lagos State Commissioner of Police, demanding a credible, impartial, and thorough investigation into Mohbad’s death.
Bassey alleged that the police failed to carry out a proper reinvestigation, prompting the NGO to approach the court.
He maintained that the application was in the interest of justice and to ensure that the deceased gets justice.
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