By Hassanat Adebowale
A Sabo-Yaba Magistrate Court on Tuesday exonerated Abdulazeez Fashola, also known as Naira Marley, and his associate Samson Eletu, alias Sam Larry, from involvement in the death of Nigerian artist Ilerioluwa Aloba, popularly known as Mohbad.
Instead, the court ruled that Nurse Feyisayo Ogedengbe and Ayobami Sadiq should face prosecution for Mohbad’s death due to alleged recklessness and negligence. The ruling was based on advice from the state’s Department of Public Prosecution (DPP), signed by Dr. Babajide Martins.
According to the Magistrate, Mrs. E. Kubeinje, the DPP recommended striking out the names of Naira Marley, Sam Larry, Owodunni Ibrahim (alias Primeboy), and Mohbad’s manager, Babatunde Opere, from the case due to a lack of evidence linking them to Mohbad’s death. The DPP found a prima facie case of reckless and negligent acts against Ogedengbe and Sadiq under Section 251(e) of the Criminal Laws of Lagos State, 2015.
While the court acknowledged that Naira Marley, Sam Larry, Primeboy, and Opere had unlawfully assaulted Mohbad, it determined that their actions did not meet the threshold for criminal responsibility regarding his death. Furthermore, it was noted that Mohbad had withdrawn a previous assault complaint against Naira Marley, dated Oct. 11, 2022, after the matter was settled amicably.
Consequently, the magistrate ruled that Ogedengbe and Sadiq should be prosecuted for recklessness and negligence. She also stated that Sam Larry, Naira Marley, Primeboy, and Babatunde had no case to answer and ordered their release if they were still in custody.
Justice Kubeinje adjourned the case until March 24 for an update following the ruling.
This case highlights the crucial need to establish a direct connection between alleged actions and criminal outcomes. Under Nigerian criminal law, for someone to be held responsible for a death, the prosecution must prove beyond a reasonable doubt that the defendant’s actions directly caused or significantly contributed to the victim’s death.
Assault is undoubtedly a serious crime under the Administration of Criminal Justice Laws(ACJL), but the law differentiates between acts of violence and those that result in death. Without clear evidence that the alleged assault by Naira Marley and others caused Mohbad’s death, the court had no choice but to dismiss that part of the case.
On the other hand, the charges against Nurse Ogedengbe and Ayobami Sadiq fall under Section 251(e), which criminalizes reckless or negligent acts that endanger life. If they are found guilty, they could face severe penalties, emphasizing the legal principle that caregivers and service providers must fulfill their duty of care to those they serve.
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