The Lagos High Court in Ikeja has adjourned the defamation suit filed by human rights lawyer Femi Falana (SAN) and his son, Folarin (popularly known as Falz), against social media influencer Martins Otse, also known as VeryDarkMan (VDM), until February 19.
Justice Matthias Dawodu set the new date to hear a preliminary objection filed by VDM’s lawyer, Marvin Omorogbe, challenging the competence of the suit and the court’s jurisdiction over the case.
Although the Falanas and VeryDarkMan were not present in court, both parties were represented by their legal teams. Omorogbe informed the court that he had received a copy of the counter affidavit filed by the plaintiffs in response to his preliminary objection, and requested additional time to reply.
Counsel for the Falanas, Omotade Omotunbosun, did not oppose the adjournment, and Justice Dawodu subsequently rescheduled the hearing for February 19.
The defamation suit stems from a video posted by VeryDarkMan on his social media platforms, in which he accused the Falanas of accepting ₦10 million from Idris Okuneye (also known as Bobrisky) to pervert the course of justice. The Falanas are seeking ₦500 million each in damages over the allegations.
On October 14, 2024, Justice Dawodu had ordered VeryDarkMan to remove the video, which the Falanas claim contained defamatory statements. The judge also prohibited the defendant from publishing or circulating any further defamatory content about the Falanas on his social media accounts, pending the outcome of the case.
In his legal challenge, Omorogbe argued that the court lacked territorial jurisdiction to hear the case, citing the provisions of Order 4 Rule 1(4) of the High Court of Lagos State (Civil Procedure) Rules, 2019. He also pointed out that VDM is based in Abuja, and the alleged defamatory video was posted from there.
Omorogbe further accused the Falanas of “forum shopping,” asserting that they deliberately filed the case in Lagos in hopes of a favorable judgment.
The Falanas’ legal team contends that VeryDarkMan published false and reckless claims, knowing the statements were inaccurate and unverified. They argue that the defamatory video remains online, continuing to damage their reputations.
The Falanas also allege that VeryDarkMan misrepresented an unverified audio recording involving Bobrisky, in which Bobrisky never mentioned a ₦10 million payment to the Falanas. Nonetheless, VeryDarkMan falsely claimed that Femi Falana accepted the money in exchange for a presidential pardon for Bobrisky.
In the video, VDM further stated that he was surprised by the alleged actions of Falana, a respected lawyer to the late Fela Anikulapo Kuti, and accused him of engaging in unethical conduct.
The Falanas are seeking several remedies, including a declaration that the video published on September 24, 2024, is defamatory, as well as ₦500 million in damages. They also seek a perpetual injunction to prevent the defendant from publishing similar defamatory content, and an order for an apology to be published on all of VeryDarkMan’s social media platforms and in a national daily newspaper.
