Court dismisses VDM’s objection to Falanas' defamation suit

An Ikeja High Court on Tuesday awarded N200,000 in costs and dismissed preliminary objections filed by Instagram celebrity, Martins Otse, also known as VeryDarkMan (VDM) in N1 billion defamation suit filed against him by human rights lawyer, Mr Femi Falana (SAN), and his son, Folarin Falana (Falz) The Falanas initiated the suit after an alleged audio recording by cross-dresser Bobrisky accusing them of perverting justice was made public by VDM. The claimants are seeking N500 million each in damages over the video made by VDM to publicize the Bobrisky’s alleged audio recording and posted on his social media platforms. Justice Fimisola Azeez dismissed VDM’s objections and ordered him to pay N100,000 each to both claimants as costs. The judge also directed the respondent to promptly file his defence to the defamation claims made against him. VDM had challenged the court’s jurisdiction, arguing that the alleged offence occurred outside Lagos State. In reply, the claimants filed a counter-affidavit and a written address, urging the court to dismiss the objection. The court rejected VDM’s preliminary objection and adjourned the case until July 8 for mention, instructing him to file his defence. VDM is being sued over a video posted on his Instagram handle on 24 Sept. 24, 2024, alleged to contain defamatory remarks. When the case was called, Falana was absent but represented by his lawyers, Ernest Olawanle and Femi Akinyemi. Falz appeared in court, while VDM was absent but represented by his counsel, Mr Marvin Omorogbe. The claimants accused VDM of character assassination and urged the court to order him to issue a public apology. They also requested a court order restraining VDM from publishing similar or identical defamatory statements. Furthermore, they asked the court to declare VDM’s Instagram post as libellous, injurious, derogatory, and defamatory. They are demanding N500 million each — totaling N1 billion — in damages from the defendant. They also requested a perpetual injunction preventing the defendant and his agents from further defamatory publications. Additionally, the claimants want the court to order VDM to publish an apology across all his social media platforms and in a national daily. Justice Mathias Dawodu had on April 15 struck out a pre-emptive suit filed by the claimants due to a pending substantive case before Justice Azeez. Dawodu ruled that hearing the pre-emptive suit would be academic and a waste of the court’s time. VDM had also filed for a stay of proceedings, but his application was struck out due to the ongoing substantive matter.