One year after the mysterious death of the rapper and songwriter, Ilerioluwa Aloba, aka MohBad, the head of the Aloba family legal team, Taiwo Odumosu, in this interview with DAYO OYEWO, speaks on the legal process and the relentless pursuit of justice. Excerpts:
It’s been about a year since the investigation into MohBad’s death began, can you provide an update on the status of the probe?
Presently, we are approaching the issue from different angles. The second autopsy and toxicology test is being conducted as directed by the court. We hope this will shed more light on the circumstances leading to the death of MohBad. Presently, the specimen has been taken abroad by forensic experts for the toxicology examination. Given the controversy generated by the first autopsy, the forensic experts in their professional estimation believed the laboratory in Europe would be better. So they avoided the USA altogether. The DNA test too. Wunmi brought preliminary objection on some flimsy grounds. We have argued the objections and the ruling is reserved by the court for October 18.
With the controversy on the outcome of the first autopsy, how has the independent autopsy by the family fared?
Getting pathologists to attend to the matter was a bit tough. We got in touch with four pathologists: one from Kaduna, another from Maiduguri and one other place but they said powerful individuals were interested in the matter and declined to take it on. We also consulted those in America. However, because of the controversy trailing the first autopsy, we decided to boycott America altogether. For those who agreed to help us now, we thank them. The way to justice is always strewn with thorns. But we have the firm belief we shall get there.
Why the choice of a forensic pathologist in the northern region?
We don’t want anybody to compromise the process. We suspected that the delay of transferring the previous specimen to America took a long time. We also suspected government intervention and institutional laxity on the part of the police, so we decided to look elsewhere to do what we wanted. But we eventually got somebody.
What are the key challenges the legal team has faced in seeking justice for his family?
The biggest challenge we have had so far is from the Nigerian Police. Apart from the shoddy investigation that is clear even to the novice, they have refused to cooperate with us on certain levels. It is an open secret that the court granted the Aloba family an order to conduct another autopsy and toxicology test after the government-assisted toxicology test led to inconclusiveness. We sent a letter to the police informing them of the order of the court and the need for them to release documents and exhibits to the forensic experts. They didn’t acknowledge nor release the documents to the forensic pathologists. We sent a reminder to them and still, they ignored it. This sort of attitude does not commend the police to the populace.
The exact time MohBad died had been one of the subjects of controversies that trailed the late singer’s passing. Has the legal team looked into this?
The facts and information presented so far seem to cast doubts as to the exact time of MohBad’s passing. From a logical point of view, the time frame given by those who spoke after his death and what the deceased’s partner’s sister said seem to suggest that he could not have died on the day presented to the police or the Coroner Court. It is one of the issues we proposed to the pathologists to solve for us. We also expect the police to shed more light on this if indeed the investigating police officer did a thorough job. If he died the day he was buried, there wouldn’t be any need for traditional embalming. So we look forward to getting an answer to the time he died too.
How has the investigation’s progress impacted the family’s decision to lay MohBad to rest?
The investigation has been very slow. And the bulk of the burden rests with the police. We do not know whose interest they are protecting. We attempted to get private investigators. The three experts we got on different occasions declined to take on the investigative job. The fourth one attempted to take it. He consulted with some of his colleagues who are also experts in the detection of heinous crimes. But they told him that those behind the death of the late singer were powerful people, and they wouldn’t want to intervene in the matter. However, the decision to bury the late singer rests solely with the Aloba family. If the family decides to bury him today, the decision is theirs. As I have said, the reason they didn’t bury him was because of the need for a second autopsy and toxicology test.
Are there concerns about the so-called powerful individuals being the second time you mentioned it?
So far, we have been engaging the instrumentality of the law to get to the root of the case. I do not think we need to fear. For the private investigators who declined to work, they have their own procedures which I am ignorant of. I am not an investigator. Remember when Dele Giwa died? The late Chief Gani Fawehinmi did all that he could through the peripheral areas of the law. And at a point, we saw the frustration put on his way by the then officials in power. Notwithstanding, he made his points. We too will try our best to get to the root of the case. To that end, the more some key witnesses are being shielded from appearing before the Coroner Court the more we are convinced they have more information to give to the court. Nurse Ogedengbe, the IPO who has been invited more than six times by the court but has taken to his heels, all of them need to appear before the court and tell us what they know. You will be wondering why the police officer who investigated a matter suddenly developed cold feet to appear to answer simple questions about the investigation he carried out.
People had wondered why the family was so particular about the DNA test when the cause of MohBad’s death was yet to be unravelled. What is your take on this?
In a homicide case, you don’t overlook vital issues. While we are not saying MohBad died as a result of his doubts about the paternity of the baby, we should not close our eyes to the potentiality of such a source too. MohBad’s father said he wanted a DNA test. He must have his reasons. And looking at the generality of the circumstances of the death, it is worth the while to see if motive could be deduced from such an angle. It is a logical action to take. Apart from this, if those being suspected really took part in the murder of the deceased. It’s a legal principle that from a dishonourable cause, no action arises. In Latin maxim, it means ex turpi causa non oritur actio. An individual must be prevented from benefiting from their own wrongdoing. Under inheritance law, the concept of the slayer rule applies. This prohibits a person who unlawfully kills another from inheriting the victims. So it is reasonable for the Aloba family to look at the issues broadly in order not to deprive an innocent person of his or her dues.
The court had issued a substituted service on Naira Marley, Sam Larry, the nurse said to have treated him and a host of others. What’s the next step to ensure they appear in court?
In Lagos State, a witness summoned to appear before a Coroner’s Court cannot legally refuse to appear without justifiable cause. The Coroner’s System Law of Lagos State, 2007 governs coroner inquest and related matters in Lagos State, including the summoning of witnesses. Under Section 35 of the Coroner’s System Law of Lagos State, 2007, a person who has been duly summoned as a witness is legally obligated to attend the inquest. If the witness refuses to appear without a lawful excuse, the coroner has the authority to take further action to ensure compliance. If a witness fails to appear after being summoned, the Coroner may issue a criminal summons or subpoena, which compels the witness to attend court. Failure to obey such summons may result in the witness being held in contempt of court, which can lead to fines or imprisonment. Specifically, Section 36 of the law empowers the Coroner to issue a warrant of arrest to compel the appearance of the witness if they ignore the summons. I can assure you that we would not hesitate to pursue this course if the witnesses whose names were widely published in the newspaper and social media outlets refused to attend the Coroner’s Court.
What are the family’s primary concerns regarding the investigation and its outcome?
The primary concern of the family is to get justice. And as you know, not just the family, even the general public are interested in ensuring justice for the late singer. May I use the opportunity to thank everyone who has supported the family and contributed money to ensure that we get justice in the case? The road to justice has been tortuous. However, we are sure we will get to the destination. All those concerned, those who are accessories before and after the fact in the case shall be brought to book. The policemen who compromised and spite their oath of office shall all be brought to book.
What does the legal team believe is necessary for justice to be served in this case?
First, we are not satisfied with the conduct of the police. The investigation they conducted was shoddy, lacked thoroughness, was unprofessional, compromising and skewed in favour of those who are supposed to be behind bars in the unfortunate circumstances of this case. All those present in the house when the incident happened should be under interrogation. But the police picked just a few people, interrogated them, kept them in the cell and grudgingly released them on administrative bail when those who should still be behind bars were busy gallivanting on the streets. The police pretended to be doing a yeoman’s job and there was nothing to show for it. Who is deceiving who? In their press conference, they gave a preliminary report. Where is the main report? We wrote petition against Boluwatife Adeyemo (Darosha) for carrying out an embalmment on the late Ilerioluwa Promise Aloba. All the parties involved were interrogated and statements were taken. Up till today, the police have yet to charge anyone in court. The police are, therefore, not helpful in the circumstances of this case.
What are the next steps in the legal process?
Well, we are expecting the results of the toxicology test now taken abroad for examination. Along with this will come the autopsy result. We are also looking forward to the DNA test. The result of this will also be revealing and may be able to assuage the interest of not just the family but also the listening public who are eager to know the truth that may come out of the DNA test.
How will the legal team ensure the family receives closure and justice?
We have done the needful so far. We have petitioned the necessary quarters regarding the way the police have handled the matter. We expected the present crop of policemen handling the matter to be removed and new investigators drafted in from Abuja to reopen the investigation. Mind you, this does not mean the deceased should not be buried if the family reaches a consensus on that. There are some other steps we are taking which I wouldn’t want to mention here. We are getting closer to justice as some facts are coming to light and the jigsaw is being put together.
