Court Strikes Out VDM’s Preliminary Objection And Application For Stay In Defamation Suit Filed By The Falanas
An Ikeja High Court on Tuesday struck out the defamation suit filed against Instagram personality Martins Otse, popularly known as VeryDarkBlackMan (VDM), by renowned human rights lawyer Femi Falana, SAN, and his son, Folarin Falana (popularly known as Falz).
The case arose from a viral audio recording by controversial cross-dresser Bobrisky, alleging perversion of justice by the Falanas. In response, VDM posted a video on his social media platforms referencing the recording, prompting the Falanas to seek ₦500 million each in damages for defamation.
In the earlier stages of the matter, VDM had failed to comply with an originating application, which rendered his initial preemptive application moot upon later compliance. He subsequently filed a preliminary objection, alleging a multiplicity of suits.
However, during Tuesday’s court proceedings, Justice Matthias Dawodu ruled that the court had become functus officio—having already exhausted its jurisdiction on the issue—as the substantive matter was now properly before another court. He added that continuing the proceedings would serve no practical purpose and amount to an academic exercise.
Consequently, the court struck out VDM’s preliminary objection.
In addition, the judge noted that VDM had filed an application for a stay of proceedings on Monday, April 14, 2025, which was not found in the court file during Tuesday’s hearing.
Counsel to the Falanas, Mr. Omotayo Olatunbosun, urged the court to proceed with the business of the day, describing the new application as an attempt to delay proceedings. Meanwhile, counsel to the respondent, Mr. Niyi Alagbe, appearing on behalf of Mr. Marvin Omorogbe, informed the court of the pending application before Justice Fimisola Azeez.
Justice Dawodu, in his ruling, questioned the need for further proceedings in his court since the substantive case had already been reassigned. He thereafter struck out the entire suit.
