A Sabo-Yaba Magistrate Court on Tuesday discharged Abdulazeez Fashola, (alias Naira Marley) and his ally Samson Eletu (alias Samlarry) in connection with the death of a Nigerian artist, Ilerioluwa Alogba, (alias Mohbad).
The court said, instead, it was a Nurse, Feysayo Ogedengbe and Ayobami Sadiq that should be prosecuted for Mohbad’s death due to alleged recklessness and negligence.
Freedomonline reports that the Magistrate, Mrs E. Kubeinje said the ruling was on the advice of the state’s Department of Public Prosecution (DPP) signed by one Dr 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 that 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 that 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Kubeinje added that Mohbad had also previously withdrawn his complaint against Naira Marley, dated Oct. 11, 2022, on assault, on the grounds that the matter had been settled amicably.
According to her, hence, the defendants have no case to answer.
The court, thereafter, ruled that Ogedengbe and Sadiq should be prosecuted for the offence of recklessness and negligence, which is contrary to 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 that 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.
