Admin I Friday, January 24, 2025
IKEJA, Nigeria- A new date has been fixed for the legal battle between Femi Falana, SAN, his son Folarin Falana and the social media personality, Martins Otse better known as Verydarkman, VDM.
Justice Matthias Dawodu of a Lagos High Court sitting in Ikeja on Thursday adjourned the defamation suit to February 19, 2025.
Justice Dawodu fixed the date to hear a preliminary objection filed by Verydarkman’s lawyer
Marvin Omorogbe, who challenged the competence of the suit and qualification of the court to hear the suit, stressing that the court lacks jurisdiction.
The Falanas had dragged VDM before the court, demanding N500 million each as damages over a video VDM posted on his social media platforms alleging that Falana demanded N10 million from social media personality, Idris Okuneye, better known as Bobrisky to pervert justice.
Justice Dawodu had, on October 14, 2024, ordered VDM to bring down the defamatory video and comments he allegedly made against the Falana.
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.
Besides, the judge ordered that all the processes in the matter be served on VeryDarkMan through his lawyer, Deji Adeyanju.
At the resumed hearing of the matter on Thursday, Omorogbe informed the court that he was served with a copy of the counter affidavit filed by the plaintiffs against his preliminary objection on Wednesday, and that he needed time to respond.
The plaintiffs’ lawyer, Omotade Omotunbosun, did not object to the application for adjournment.
Following the development, Justice Dawodu adjourned the matter to February 19 for hearing.
In the application, VeryDarkMan argued through his lawyer that by the provisions of Order 4 Rule 1(4) of the High Court of Lagos State (Civil Procedure) Rules, 2019, the court does not have the territorial
jurisdiction to entertain this suit.
Omorogbe also submitted that the defendant is domiciled and carries on business in Abuja, outside the jurisdiction of the court and that the alleged defamatory publication was made in Abuja.
He also claimed that the claimants deliberately filed the suit before the court in Lagos by was of forum shopping in the hope that they would get a favourable judgment.
In their suits, the father and son averred that the defendants knew that 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 in 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 allegedly by 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.”
