The Lagos State High Court in Ikeja has adjourned the defamation lawsuit filed by prominent human rights lawyer Femi Falana (SAN) and his son, Folarin Falana, popularly known as Falz, against social media influencer Martins Otse, also known as VeryDarkMan (VDM). The case is now scheduled for a hearing on February 19, 2025.
The adjournment was necessitated by a preliminary objection raised by VDM’s legal counsel, Marvin Omorogbe, challenging both the competence of the lawsuit and the jurisdiction of the Lagos State High Court to preside over the matter. Omorogbe contends that, according to Order 4 Rule 1(4) of the High Court of Lagos State (Civil Procedure) Rules, 2019, the court lacks territorial jurisdiction since VDM resides and conducts his business in Abuja, where the alleged defamatory publication originated. He further argues that the plaintiffs deliberately filed the suit in Lagos as a form of forum shopping, aiming to secure a favorable judgment.
The lawsuit centers on allegations that VDM published a video on his social media platforms accusing Femi Falana and Falz of accepting ₦10 million from Idris Okuneye, popularly known as Bobrisky, to obstruct justice. In response, the Falanas filed a defamation suit seeking ₦500 million each in damages, asserting that VDM’s statements were false, unverified, and intended to harm their reputations. They emphasize that the defamatory content remains accessible on VDM’s online platforms, perpetuating ongoing damage to their character.
On October 14, 2024, Justice Matthias Dawodu issued an order mandating VDM to remove the contentious video and refrain from publishing any further defamatory content concerning the Falanas on his social media channels until the case is resolved. The court also permitted that all legal documents related to the case be served to VDM through his attorney, Deji Adeyanju.
At the recent hearing, Omorogbe informed the court that he had received the plaintiffs’ counter-affidavit opposing his preliminary objection just a day prior and requested additional time to prepare a response. The plaintiffs’ counsel, Omotade Omotunbosun, did not oppose this request, leading Justice Dawodu to adjourn the case to February 19, 2025, for the hearing of the preliminary objection.
In their defense, the Falanas argue that VDM knowingly disseminated false information without verification, with the intent to damage their reputations. They highlight that the alleged defamatory publication continues to circulate on VDM’s social media platforms, causing ongoing harm. They also point out that in the audio recording referenced by VDM, Bobrisky did not claim to have paid them ₦10 million, yet VDM recklessly asserted that such a payment was made.
The plaintiffs are seeking several legal remedies, including:
- A declaration that VDM’s publication on September 24, 2024, is defamatory.
- ₦500 million in damages for defamation of character.
- A perpetual injunction preventing VDM from publishing similar defamatory content.
- A public apology from VDM on all his social media platforms and in a national daily newspaper.
As the case progresses, the court’s decision on the preliminary objection will be pivotal in determining whether the Lagos State High Court has the jurisdiction to hear the defamation suit. This ruling could significantly influence the trajectory of the legal proceedings between the Falanas and VDM.