Court: VeryDarkMan To Pay ₦100,000 Each To Femi Falana And Falz After Failed Preliminary Objection

An Ikeja High Court on Tuesday dismissed preliminary objections filed by Instagram personality Martins Otse, popularly known as VeryDarkMan (VDM), and awarded ₦200,000 in costs against him.

The objections were raised in a ₦1 billion defamation suit filed by human rights lawyer Mr. Femi Falana (SAN) and his son, musician and activist Folarin Falana, popularly known as Falz.

The suit was instituted following an audio recording by cross-dresser Bobrisky, in which he allegedly accused the Falanas of perverting justice. The claimants are demanding ₦500 million each in damages for a video posted by VDM on his social media platforms, which they allege contains defamatory statements.

Justice Fimisola Azeez dismissed VDM’s preliminary objection challenging the court’s jurisdiction, ordering him to pay ₦100,000 each to the two claimants as costs. The judge also directed the defendant to file his defence to the defamation claims without delay.

VDM had argued that the alleged offence occurred outside Lagos State and therefore questioned the jurisdiction of the court. However, the claimants filed a counter-affidavit and a written address, urging the court to dismiss the objection—a position the court upheld.

Justice Azeez adjourned the case until July 8 for mention and instructed the defendant to file his defence before the next hearing.

VDM is being sued over a video posted to his Instagram page on September 24, 2024, which the claimants allege contains defamatory, injurious, and derogatory remarks.

When the case was called, Mr. Falana (SAN) was not present in court but was represented by his legal team, Ernest Olawanle and Femi Akinyemi. Falz was in court, while VDM was absent but represented by his counsel, Mr. Marvin Omorogbe.

The claimants are accusing VDM of character assassination and are seeking a court declaration that the Instagram post is libellous and defamatory. They also seek:

Previously, Justice Mathias Dawodu had on April 15 struck out a pre-emptive suit filed by the claimants, citing the pendency of the substantive case before Justice Azeez. He ruled that hearing the pre-emptive suit would be academic and a waste of judicial resources.

VDM had also applied for a stay of proceedings, but the application was struck out in light of the ongoing substantive matter.