The Magistrate Court sitting in Sabo, Yaba area of Lagos has freed Abdulazeez Fashola popularly known as Naira Marley and music promoter, Samson Balogun Eletu also known as Sam Larry, in relation to the case of the demise of Aloba Oladimeji lleriOluwa also known as Mohbad.
Magistrate Ejiro Kubenje who read and implemented the legal advise of the Directorate of Public Prosecution (DPP) Lagos, said that they have no case to answer.
The court also freed Owodunni Ibrahim also known as Primeboy and Mohbad’s former Manager, Opere Babatunde.
The DPP however said it shall be prosecuting the auxiliary nurse who treated Mohbad, Feyisayo Ogedengbe and one of Mohbad’s friends, Ayobami Sadiq for the offence of Reckless and Negligent Acts contrary to Section 251 (e) of the Criminal Law, Ch C.17, Vol.3, Laws of Lagos State, 2015.
The duo will be prosecuted at the Magistrate Court.
The advice noted that though documented accounts of unlawful assault on Mohbad were actually carried out by Naira Marley and Sam Larry, these accusations do not make the duo criminally responsible for the death of Mohbad.
Detailing how Mohbad sustained the injury which eventually led to his death, the DPP’s advice says in Sept. 2023, Moohbad in the company of Adeyemo Boluwatife (A.K.A. Darosha), his wife, Wunmi Adebanjo Cynthia, Owodunni Ibrahim (A.K.A. Primeboy), Fidelis Esanbor (driver of the vehicle) and other unknown persons attended a concert organised by Soso Sobrekon in Ikorodu.
It said while trying to leave the concert, Primeboy dissuaded Mohbad because of the presence of some touts who were demanding money. This refusal angered Mohbad causing him to rain blows on Primeboy who did not retaliate. It was in the process of punching Primeboy that the deceased hit the glass of a vehicle, cut himself in the arm and sustained an injury in the right arm which bled, became swollen and was eventually improperly managed by an auxiliary nurse who lacked medical training and which eventually resulted in Mohbad’s death.
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Channels Television obtained a copy of the legal advice which informed the court’s decision. The 6-page document was signed by the DPP, Dr Babajide Martins, on behalf of the Lagos State Attorney General and Commissioner for Justice, Lawal Pedro (SAN).
The introductory part of the document reads:
“This Office (DPP’s) can no longer wait indefinitely for the Coroner’s Report before issuing Legal Advice. This is in view of the request of the family of Late Aloba Oladimeji lleri- Oluwa (a.k.a. Mohbad) to conduct their forensic investigation.
“This Legal Advice is therefore issued in the light of the conclusion of the Lagos State Government’s forensic investigation. The deceased’s family is at liberty to present its forensic report during the trial.
“After a careful consideration of the facts available in the duplicate case file, this Office is of the considered view that a prima facie case of the offence of Reckless and Negligent Acts contrary to Section 251(e) of the Criminal Law, Ch C.17, Vol.3, Laws of Lagos State, 2015 is established against Féyisayo Ogedengbe (F) and Ayobami Sadiq (M) respectively.”
According to the legal advice, Mohbad, aged 26, was sometime in 2019 signed to Marlian Music Company owned and managed by Naira Marley and Opere Babatunde was assigned to be his manager.
“Sometime in 2021, however, Mohbad became dissatisfied with his record label and especially the services of Opere as his manager, and desired to leave the record label and change his manager.
“This did not go well with Naira Marley, and it is against this backdrop that the allegations of harassment, bullying and assaults began against the person of the deceased and some of his friends such as Oladapo Oreoluwa (A.K.A. Lifestyle) and Adesanya Ajebiyi Dolapo (A.K.A. Ajesings) respectively.
“Facts further reveal that on 10 September 2023 the deceased in the company of Adeyemo Boluwatife (A.K.A. Darosha), Adebanjo Cynthia (widow of the deceased who was also carrying their son), Owodunni Ibrahim (A.K.A. Primeboy), Fidelis Esanbor (driver of the vehicle) and other unknown persons attended a concert organized by Soso Sobrekon at Town Hall, Ikorodu, Lagos.
“Facts are undisputed that the deceased became impatient and desired to leave the scene of the concert for his home.
“Owodunni Ibrahim (A.K.A. Primeboy) however advised the deceased against alighting from the vehicle because of the touts who were ‘demanding money from the deceased. Because of the refusal of Primeboy to allow the deceased to alight from the vehicle, the deceased dealt several fist blows on Primeboy who did not retaliate. It was while punching Primeboy that the deceased hit the glass of the vehicle, cut himself in the arm and sustained an injury in the right arm.
“This injury in the coming days bled profusely, caused the deceased severe discomfort and became swollen.”
While quoting Section 251(e) of the Criminal Law, 2015 on what constitutes and Offence of Reckless and Negligent Acts, and Section 209 of the Criminal Law, of Lagos State, 2015, the DPP’s advice indicted Mohbad’s friend, Ayobami Sadiq, who procured an auxiliary nurse, Feyisayo Ogedengbe to treat the deceased knowing that she lacked the training of a medical practitioner, making them both liable for Involuntary Manslaughter.
“Facts in the duplicate case file reveal that Feyisayo Ogedengbe is the auxiliary nurse who was procured by Ayobami Sadiq to treat the deceased of the injury he sustained on 10th September, 2023 during a disagreement with Fireboy.
“By 11th and 12th of September, 2023, the injury sustained by the deceased on 10th September, 2023, had swollen significantly and caused the deceased distress and pain.
“Ogedengbe arrived at the home of the deceased, applied some Injections and other medications on the deceased without knowledge of or requesting the medical history of the deceased.
“Subsequent to administering the injections, the deceased vomited twice, fell down and began convulsing. Emergency efforts aimed at reviving the deceased proved abortive and he was declared brought-in-dead (B.I.D.) at Med Care Hospital, Lekki, Lagos.
“Ayobami Sadiq procured the services of Ogedengbe to treat the deceased knowing fully well that she is not a trained medical practitioner but merely an auxiliary nurse. Ogedengbe, not being a trained nurse, also without any idea of the deceased’s medical history-and without conducting any medical tests, administered medical treatment to the deceased. The deceased immediately convulsed and died.
“Ogedengbe and Sadiq are caught by the provisions of Section 209 above and therefore culpable for Involuntary Manslaughter.
“Also, Section 16(1)(d) of the Criminal law, 2015 provides that where an offence is committed, any person who procures another to commit the offence, is also guilty of same offence.
“Sadiq having procured Ogedengbe, an unqualified nurse, to treat the deceased, thereby leading to his death, Sadiq is culpable of same offence as Ogedengbe.
“Incidences of Unlawful Assault;
“Facts in the duplicate case file reveal that Samson Balogun Elet (A.K.A. Sam Larry) who is a show promoter and close friend of Abdulazeez Fashola (A.K.A. Naira Marley)respectively had in conjunction with other unknown accomplices. unlawfully assaulted the deceased on several occasions.
“On 5th October 2023, Sam Larry had after a heated argument with the deceased at Naira Marley’s home, occasioned severe assault on the deceased and his friends – Oladapo Oreoluwa (AKA.Lifestyle) and Adesanya Ajebiyi Dolapo (A.K.A. Ajesings) – and had presented at a hospital for medical treatment. Opere Babatunde was identified as a principal participant during this assault.
“Sometime in June 2023, the deceased was also unlawfully assaulted at De Chandelier Club along with his friends Olanrewaju Idis Adedoja (A.K.A. O.G.) and A1- Aloba Aduragbemi Shedrach respectively.
“The timely intervention of the club’s staff prevented a complete breakdown of law and order.
“Lastly, on 25 June 2023 during a video shoot organised, by the deceased and Omoniyi Temidayo Raphael (A.K.A Zlatan Ibile), Samson Balogun Eletu (A.K.A. Sam Larry led some unknown men to the scene and began assaulting the deceased.
“It took the intervention of Zlatan Ibile for the assault to cease and for the deceased to be allowed to leave the scene.”
ON THE OFFENCE OF ASSAULT & NAIRA MARLEY
Section 170(1)(a) of the Criminal Law defines Assault as, “A person who strikes, touches, moves, or otherwise applies a force of any kind to the person of another, either directly, without his consent.
“Whilst this Office acknowledges that the documented accounts of unlawful assault on the deceased were actually carried out by Abdulazeez Fashola (A.K.A. Naira* Marley), Samson Balogun Eletu (A.K.A. Sam Larry) (also at the behest and on behalf of Marley and Opere Babatunde respectively, these accusations cannot however rise to the point of criminal responsibility in view of the demise of the deceased.
“Most importantly, this Office is unable to act on the complaint of assault the deceased lodged against Page Naira Marley at ilasan Police Station in respect of an assault he underwent in the hand of Marley on 8th October, 2022′ as said complaint was by another letter dated 11th October, 2022 withdrawn by the deceased on the ground that the matter had been settled amicably.”
*ON THE INVOLVEMENT OF PRIMEBOY
“Uncontroverted facts from the duplicate file reveal that the deceased was the person who assaulted Primeboy in the vehicle by inflicting him with fist blows during the De Bitters Concert on 10th September 2023. Facts also reveal that Promeboy never retaliated.
“Eye witnesses’ account of the incident confirms that the deceased precipitated the injury he sustained in his right arm when he punched the glass of his vehicle and same broke. This act led to a cut in the arm of the deceased which bled profusely, became swollen and caused the deceased great discomfort.”
The Legal Advice Concludes that;
“In view of the foregoing, this Office shall prosecute Feyisayo Ogedengbe (F) and Ayobami Sadiq (M) respectively for the offence of Reckless and Negligent • Acts contrary to Section 251 (e) of the Criminal Law, Ch C.17, Vol.3, Laws of Lagos State, 2015 at the Magistrate Court.
“Samson Balogun Eletu (A.K.A. Sam Larry) (M), Abdulazeez Fashola (A.K.A. Naira Marley) (M) and Opere Babatunde (M) respectively have no case to answer in view of the demise of the deceased and should be released if still in custody.
“Lastly, Owodunni Ibrahim (A.K.A. Primeboy) also has no case to answer as none of his actions amounted to a crime. He should also be released if still in custody.
“Extra copies of this Legal Advice and Forms for Information indicating Legal Representation for the Suspects are attached for service on, the Suspects- Feyisayo Ogedengbe (F) and Ayobami Sadiq (M) in line with the provisions of Section 74 (5) and 6 of the Administration of Criminal Justice (Amendment) Law, 2021.”
