Popular social media activist, Martin Otse, known as VeryDarkMan (VDM), has been mandated by the Lagos High Court in Ikeja bring down the defamatory video and comments published on Sept 24th against human rights lawyer, Femi Falana, and his son, Folarin, popularly called Falz.
Aside from that, the court restrained VDM from further releasing, publishing, or circulating any defamatory videos and comments against the legal practitioner and his son on all his online social media handles and pages pending the hearing of a suit filed by the duo.
In a ruling delivered on Tuesday by Justice Matthias Dawodu, the court ordered that all the processes in the matter be served on VeryDarkMan through his lawyer, Deji Adeyanju, before 21 days when the order will elapse.
The Falana’s had dragged the defendant before the court in separate suits, claiming ₦500 million each as damages over a video he posted on his social media platforms alleging that they collected ₦10 million from Idris Okuneye, a.k.a Bobrisky, to pervert the cause of justice.
In his ruling on an exparte application for an order of interim and pre-emptive remedy brought by the applicants, Justice Dawodu held that the Falanas have legal rights to be protected from being slandered.
The judge said, “There is no doubt that the applicants have legal rights not to be defamed and have proved the possible existence of a breach of same through the depositions in their affidavit.
“Based on all the preceding, the court resolves the sole issue for determination in favour of the Applicant. This application succeeds, and I, at this moment, make the following orders:
“The defendant, his agents, and privies are at this moment restrained from further releasing, publishing, or circulating any defamatory videos/comments about the Applicant and to bring down the defamatory video/comments about the Applicant published on 24th September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this Honourable Court.
“Leave is at this moment granted to the Applicant to serve the Pre-Action Bundiles, Originating Processes, and all other court processes between parties herein on the defendant by substituted means through his lawyer, Deji Adeyanju of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II, Abuja.
“The Applicant must file and serve the Pre-action Bundles, Originating processes, and other accompanying processes on the Defendant within 14 days from today. The order in 1 above shall lapse after 21 days from today,” the judge held.
In their suits, the father and son submitted that the defendant knew all his comments were unverified and not true, 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 defendants’ online handles and pages and as such, the injury to their reputation continues as long as the publication remains online.
The Applicants alleged that in the “unverified audio recording of a one-sided narrative, the person said to be Bobrisky never claimed that the Applicants collected ₦10 million from him”, yet the defendant recklessly stated that Femi Falana collected ₦10 million from Bobrisky.
