The Lagos State High Court has ordered Martins Otse, a social media influencer popularly called VeryDarkMan (VDM); to delete defamatory comments and videos he made on a Senior Advocate of Nigeria (SAN) Femi Falan and his son Falz
Penpushing reports that it is recalled that VeryDarkMan in September posted on his Instagram page a leaked audio clip of Bobrisky, in which the crossdresser implicated the human rights lawyer and his musician son.
The controversial crossdresser whose real name is Idris Okuneye, alleged that while he was imprisoned at the Kirikiri Correctional Centre, Falz and his father contacted him to facilitate a presidential pardon for a fee of N10 million.
Penpushing further reports that Falana, in reaction denied the N10 million deal allegation, explaining that he had secured pardons for numerous convicts without any charges, declaring that he would not pursue criminal charges against VeryDarkMan based on his principle that free speech should never be criminalised, but initiated civil proceedings to restore his and his son’s integrity and reputation.
The 66-year-old Ekiti-born legal practitioner stated that he had requested an apology and retraction from VeryDarkMan, which he failed to provide, hence, Falana went ahead to sue social media influncer in an ex parte originating application on 9 October.
Penpushing also reports that Falana in the ex parte application, on October 10, 2024 sought various preemptive orders against VeryDarkMan ahead of the hearing of the substantive suit, and equally sought an order to serve VeryDarkMan through substituted means by serving the suit on his lawyer.
The court while setting the stage for the hearing of the substantive suit, granted Falana’s request to serve VeryDarkMan with a pre-action bundle, the originating processes, and all other court documents through an alternative means.
Penpushing further reports that court waived personal service of the suit on VeryDarkMan due to his unavailability at his home address, and gave Falana permission to serve him the suit with all necessary documents and filing through his lawyer, Deji Adeyanju.
The legal luminary was quoted in an interview with an online newspaper that supporters and well-wishers of VeryDarkMan threatened to burn down his office and kill his daughter if he pursued legal action against the influencer.
Penpushing reports that Falana described those who made the threats as mentally unstable individuals and equally went ahead to file the legal action, noting that the people underestimated his determination and were oblivious of his track record of fighting against formidable military leaders in Africa.
The social media influencer in September, through his lawyer denied that he defamed Falana, emphasising that he held the Senior Advocate of Nigeria (SAN) in high regard, stressing that VeryDarkMan merely questioned the legitimacy of Bobrisky’s claims made in the leaked audio.
Penpushing further reports that it is recalled that Bobrisky allegations ignited a vigorous public debate, resulting in a series of investigations by the Economic and Financial Crimes Commission (EFCC), whose agents allegedly received bribes to drop money laundering charges against him.
The allegations added that the Nigerian Correctional Service (NCoS), allegedly received bribes from him to keep him a VIP custody instead of the regular prison, hence, the development forced the House of Representatives commenced a hearing into the allegations.
Penpushing also reports that Justice M.O. Dawodu, however, in his ruling on Falana’s preliminary application for pre-emptive actions to restrain VeryDarkMan from further defaming him and his son, equally granted Falana’s prayers for preemptive orders and service through substituted means. .
The judge directed VeryDarkMan to delete and stop publishing or circulating the defamatory video/comments first published on 24 September via his social media handles and pages against Falana and Falz.
“I hereby make the following orders, the Defendant, his agents, and privies are hereby restrained from further releasing, publishing, or circulating any defamatory video/comments about the applicant and to bring down the defamatory video/comments about the applicant published on 24 September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this honourable court,” the judge ruled.
“In addition to the order for pre-emptive remedy, the applicant is also seeking leave of court to serve the defendant with the pre-action bundles, originating processes and all other court processes between parties substituted means through his lawyer Deji Adeyanju Esq. of Deji Adeyanju and Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse Il, Abuja’, the ruling added.
The reason is that the defendant is not known to have any verifiable physical address except that he is very active on social media platforms. In compliance with the above provision, the applicant has stated in his affidavit in support that it will be impossible to personally serve the defendant as he is not known to have any verifiable physical address.
‘However, he believes that the defendant would know about this matter if served by substituted means through his lawyer. This Court agrees with the submission of the Applicant’s Counsel as the purpose of substituted service is to the defendant’s attention that there is a case against him in Court’, the judge added
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