Falana, Falz: Court reserves hearing in defamation suit against activist VeryDarkMan

An Ikeja High Court has reserved January 23 for the hearing of a defamation case brought against controversial online activist Vincent Otse, popularly known as VeryDarkMan (VDM). The lawsuit was filed by prominent human rights lawyer Femi Falana (SAN) and his son, renowned musician and activist Folarin Falana, also known as Falz.

At Thursday’s session, counsel for the claimants, Muiz Banire (SAN), informed the court that the originating processes had been filed and served to all parties involved. Banire also mentioned that a motion on notice was served on October 25.

However, presiding Justice Matthias Dawodu noted that the originating process was not available in the court’s records. In response, Banire requested an adjournment to complete the necessary administrative filings.

Justice Dawodu subsequently granted the request, setting January 23 as the new hearing date.

“In this circumstance, my lord, the best thing to do is to adjourn the matter so that we can go back to the registry to file all the administrative processes,” Banire said.

In his response, counsel to VeryDarkMan, Mr Marvin Omorogbe, said it had been observed that there was no valid writ of summon before the court.

He, therefore, prayed the court to strike out the lawsuit.

Omorogbe said he did not know how the registry of the court would prepare any administrative process.

He opined that the writ already filed was invalid as it was not before the court.

According to him, the writ bears the same suit number as the preemptive remedy proceedings.

He said, “Preemptive remedy proceedings ends after injunction is granted or refused.

“They have gone ahead to file a writ, using the same suit number as the preemptive remedy proceedings.

“And the court said no, that a fresh writ of summons with a new suit number, needs to be filed.

“At this point my lord, we will be seeking for a date to hear our preliminary objection”.

Omorogbe further urged the court to withdraw a motion dated Oct. 18.

He said the motion was a move to appeal on the ground that the claimants had admitted, there was an issue in respect to the preemptive proceedings.

Justice Dawodu, however, struck out the motion, following no objections from the claimants counsel.

“I will give you a date for hearing because we are talking about a writ that is not before the court,” Dawodu said.

The judge thereafter adjourned the case until Jan.23, 2025 for hearing of the preliminary objections.

The News Agency of Nigeria (NAN) reports that the court also adjourned the sister case involving Falz and VDM on the same ground.

The court had on Oct. 14 ordered VeryDarkMan to bring down the alleged defamatory video which he made on Sept. 24 against the Falanas.

The court had made the order following an ex parte originating application filed by Falana and his son against the actions of VeryDarkMan.

The court had ordered VeryDarkMan to bring down an unverified audio recording of a one sided narrative by a cross dresser, Bobrisky, alleging perversion of justice by Falana and son.