Justice Matthias Dawodu of the Lagos State High Court yesterday adjourned the defamation suit filed by human rights lawyer Femi Falana (SAN) and his son Folarin, popularly known as Falz, against Martins Otse also known as Verydarkblackman, to January 23 for hearing.
Justice Dawodu fixed the date to allow the parties to file and regularise their processes after he discovered that most of their processes were not in the court file.
The Falanas had dragged VeryDarkMan before the court demanding N500 million each as damages 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 cause of justice.
Justice Dawodu ordered the social media influencer to remove the defamatory video and comments he allegedly made against the senior lawyer and his son on October 14, 2024.
The judge had 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.
At the resumed hearing of the matter yesterday, counsel to Falana and Falz, Dr Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served to the parties.
Banire also said a motion on notice was served on the defendant on October 25, but Justice Dawodu said the originating process was not before the court.
However, the claimant’s counsel prayed the court to adjourn the case to enable him to file the necessary administrative processes.
“In this circumstance, my lord, the best thing to do is to adjourn the matter so that we can go back to the registry to file all the administrative processes,” Banire said.
In his response, counsel to VDM, Marvin Omorogbe, said there was no valid writ of summon before the court.
He argued that the writ bears the same suit number as the preemptive remedy proceedings and that preemptive remedy proceedings end after the injunction is granted or refused.
Omorogbe also urged the court to grant him leave to withdraw a motion he filed on October 18 seeking the permission of the court to appeal against the injunction already issued in the case.
Justice Dawodu struck out the motion, following no objections from the claimant’s counsel.
He said, “I will give you a date for the hearing because we are talking about a writ that is not before the court.”
After that, the judge adjourned the case until January 23, 2025, for a hearing of the preliminary objections.
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).
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.”
