Justice Matthias Dawodu of the Lagos State High Court in Ikeja has ordered social media influencer Martins Otse, also known as Verydarkblack man, to bring down the defamatory video and comments he allegedly made against Human rights lawyer Femi Falana (SAN) and his son Folarin, popularly known as Falz.
Justice Dawodu also restrained the self-acclaimed social media police from further releasing, publishing, or circulating any defamatory videos and comments against the senior lawyer and his son on all his online social media handles and pages pending the hearing of a suit filed by the duo.
The judge also ordered that VeryDarkMan, through his lawyer, Deji Adeyanju, be served with all the processes in this matter.
The applicants had dragged the defendant before the court in separate suits, claiming N500 million each over a video he posted on his social media platforms alleging that they collected N10 million from Idris Okuneye, a.k.a Bobrisky, to pervert the course of justice.
In their suits, the father and son averred that the defendants knew all his comments were inaccurate and not verified. Yet, he proceeded to publish the same to injure their reputation recklessly.
They also stated that the alleged defamatory publication is still trending on the Defendant’s online handles and pages. The injury to their reputation continues as long as the publication remains online.
The Applicant alleged that in the “unverified audio recording of a one-sided narrative by the alleged Bobrisky, the said Bobrisky never said that the Claimant/Applicant herein collected N10 million from him, yet the defendant recklessly stated that Femi Falana collected N10 million from Bobrisky.
“The Defendant said online publication contained multiple allegations and that he did not expect the Claimant, a lawyer to the late Fela Anikulapo Kuti, whom everyone respects, to “engage in something like this?” He also stated that the Claimant represented to Bobrisky that he could get a presidential pardon for Bobrisky in exchange for N10,000,000.00 (Ten million Naira only).
In his ruling, Justice Dawodu held that the applicants have legal rights to be protected from slandering. „ There is no doubt that the applicants have legal rights not to be defamed and have proved the possible existence of a breach of the same through the depositions in their affidavit.
“Based on all the preceding, the court resolves the sole issue for determination in favour of the Applicant. This application succeeds, and I, at this moment, make the following orders:
“The defendant, his agents, and privies are at this moment restrained from further releasing, publishing, or circulating any defamatory videos/comments about the Applicant and to bring down the defamatory video/comments about the Applicant published on 24th September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this Honourable Court.
„Leave it at this moment granted to the Applicant to serve the Pre-Action Bundiles, Originating Processes, and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II, Abuja.
„The Applicant must file and serve the Pre-action Bundles, Originating processes, and other accompanying processes on the Defendant within 14 days from today.
„The order in one above shall lapse after 21 days from today,“ the judge held.
The Falanas are seeking the following reliefs: a declaration that the publication of the Defendant made on September 24, 2024, on his Instagram handle, @verydarkblackman, wherein he specifically targeted the Claimant, is libellous, slanderous, derogatory, scandalous and defamatory.
„The sum of N500,000,000.00 (Five Hundred Million Naira Only) for defamation of character contained in the Defendant‘s video publication of September 24, 2024, on his Instagram handle @verydarkblackman.
„An order of perpetual injunction restraining the defendant, his agents or servants or otherwise from further publishing or causing to be published the said or similar words defamatory to the Claimant.
„An order directing the defendant to publish an apology to the Claimant on all his social media handles/pages for the defamatory words contained in the video complained of and in one National Daily Newspaper.“
