Court Takes Fresh Decision On VDM’s Application Challenging Falana’s Suit Over Alleged Defamation

The Lagos High Court in Ikeja has adjourned the defamation case filed by human rights lawyer Femi Falana (SAN) and his son, Folarin (known as Falz), against Martins Otse, also known as VeryDarkMan (VDM), to February 19th.

Justice Matthias Dawodu set the new date to hear a preliminary objection raised by VDM’s lawyer, Marvin Omorogbe, who challenged the validity of the Falanas’ suit and the court’s jurisdiction over the case.

Although the Falanas and VeryDarkMan were absent, their legal representatives were present. Omorogbe informed the court that he had received a counter-affidavit filed by the Falanas in response to his objection, and requested time to reply.

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The Falanas’ lawyer, Omotade Omotunbosun, did not oppose the request for an adjournment.

Justice Dawodu granted the adjournment and scheduled the hearing for February 19th.

The Falanas are seeking ₦500 million in damages each from VeryDarkMan for a video he posted on social media, claiming they received ₦10 million from Idris Okuneye (Bobrisky) to pervert justice. On October 14, 2024, Justice Dawodu ordered the removal of the video, which the Falanas allege contained defamatory content.

The judge also issued an injunction preventing the defendant from posting further defamatory content about them on social media until the case is heard.

In his application, VeryDarkMan’s lawyer argued that the court lacks jurisdiction to hear the case, stating that the defendant operates in Abuja, where the defamatory video was posted. He claimed the Falanas filed the suit in Lagos to “forum shop” for a favorable judgment.

The Falanas contended that VeryDarkMan knowingly published false and unverified statements to damage their reputations, emphasizing that the video continues to circulate online, causing ongoing harm.

They argued that the defendant recklessly misrepresented a conversation with Bobrisky, where no mention of the ₦10 million was made, yet he falsely accused Femi Falana of taking the money.

The Falanas are seeking a declaration that the September 24, 2024, video posted on VeryDarkMan’s Instagram account was libelous, slanderous, and defamatory.

“The sum of ₦500,000,000.00 (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.”

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