The Lagos High Court in Ikeja on Tuesday ordered social media influencer, Martins Otse, also known as Verydarkman, to bring down the defamatory video and comments published on Sept 24th against Senior Advocate of Nigeria, Femi Falana and his son Folarin, popularly known as Falz.
Justice Matthias Dawodu also restrained the self-acclaimed social media police from further releasing, publishing, or circulating any defamatory videos and comments against the senior lawyer and his son on all his online social media handles and pages pending the hearing of a suit filed by the duo.
The judge also ordered that all the processes in the matter be served on VeryDarkMan through his lawyer, Deji Adeyanju.
The orders are to lapse after 21 days from today.
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 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.
Verydarkman had in the said video publication also stated as follows:
“I don’t even believe that Femi Falana would bring himself down to this level, the whole Femi Falana would engage himself with something like this.
“…the man started the pardon and he said he wanted to send it to the Minister of Justice in Abuja who will send it to the President to approve it but you know Nigeria with corruption.
“…Femi FALANA collected N10,000,000 (Ten Million Naira) in order to wipe his name off record. These are people I respected. These are people I look up to…it is obvious that Nigeria will not go anywhere soon.”
Counsel to the Falanas, Olorunfemi Akinyemi, also noted that the defendant did not contact his clients to hear their side before proceeding to run an untrue and incorrect online commentary to millions of his followers in Nigeria and abroad.
Akintemi also said, “You know or ought reasonably to know that the content of the said publication by you is false, reckless and libellous.
“We posit that our client considers litigation only as a last resort and is not averse to an amicable resolution via any alternative dispute resolution method you deem suitable in the circumstance.
“We request that you publish an apology to the Claimants on all your social media handles/pages for the defamatory words contained in the video complained of and a full retraction of same, including bringing all the offensive videos down online.
“You restrain your online followers, agents or servants or otherwise from further publishing or causing to be published the said similar words/videos defamatory to the Claimants.
“Payment of the sum of ₦500,000,000.00 (Five Hundred Milion Naira only) as damages for the defamation of character contained in the online publication of September 24, 2024.”
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 has 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.
