MOHBAD Music Estate: Avocado Law Partners Files Fundamental Rights Enforcement Suit for Late Afropop Singer
In the Lagos Judicial Division of the High Court of Lagos State, a case of fundamental rights enforcement is underway. This case pertains to an application made by Mr. Rilwan Owolabi Atiku on behalf of the late Afropop Sensation, Mr. Aloba Oladimeji Ilerioluwa, also known as MOHBAD. The application is based on the Fundamental Rights (Enforcement Procedure) Rules 2009 and Sections 33, 34(a), 37, 40, 41, and 42 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999.
This application seeks to address the alleged harassment, intimidation, and bullying endured by Mr. Aloba Oladimeji Ilerioluwa during his lifetime, leading to his tragic passing. It invokes the Constitution’s provisions guaranteeing fundamental rights, emphasizing the role of the Nigerian courts in protecting these rights.
Statement of Facts:
The application outlines the harassment and violence faced by the deceased, which ultimately resulted in his death. It alleges that the respondents, Marlian Entertainment Limited, Mr. Azeez Adeshina Fashola (aka Naira Marley), and Mr. Samson Erinfolami Balogun (aka Sam Larry), repeatedly assaulted and threatened Mr. Ilerioluwa.
Issues for Determination:
Whether the relentless harassment, bullying, and intimidation leading to the tragic death of the deceased constitute an infringement of his fundamental rights to life, dignity of the human person, private and family life, peaceful assembly and association, freedom of movement, and freedom from discrimination.
Whether the dependants of the deceased, due to their loss and the physical, financial, and mental implications, are entitled to damages awarded by the court.
The application argues that the actions of the respondents violated the deceased’s constitutional rights to life, dignity, privacy, peaceful assembly, association, movement, and freedom from discrimination. It asserts that the deceased was subjected to physical harm, leading to his death, which is an infringement of his right to life.
The application further contends that the dependants of the deceased should be awarded damages due to the physical, financial, and mental consequences of their loss. It argues that punitive and general damages are warranted to compensate for the harm done to the deceased and his family.
The applicant’s counsel urges the court to uphold the fundamental rights of the deceased and his family by granting the requested reliefs. They emphasize the importance of protecting these rights and maintaining the dignity of every Nigerian citizen.
The case sheds light on the significance of safeguarding fundamental rights in Nigeria and highlights the role of the courts in upholding these rights. It seeks justice for Mr. Aloba Oladimeji Ilerioluwa and his family, while also emphasizing the broader implications for the protection of citizens’ rights.