Legal Battle Over Alleged Defamatory Publication Continues
The Lagos State High Court in Ikeja has adjourned the N1 billion defamation suit filed by renowned human rights lawyer Femi Falana (SAN) and his son, Folarin Falana, popularly known as Falz, against social media influencer Martins Otse, alias VeryDarkBlackMan. The case is now set for February 19, 2025.
The adjournment was granted to allow the defendant’s counsel, Marvin Omorogbe, time to respond to a counter-affidavit filed by the plaintiffs against a preliminary objection challenging the competence of the suit and the court’s jurisdiction.
Details of the Defamation Suit
The Falanas are demanding N500 million each in damages over a video published on social media by VeryDarkBlackMan. The video alleged that the Falanas collected N10 million from Idris Okuneye, also known as Bobrisky, to pervert the course of justice.
The plaintiffs contend that the allegations were baseless, unverified, and made with reckless disregard for the truth, resulting in significant reputational damage.
In their reliefs, the Falanas seek:
- A declaration that the publication made by the defendant on September 24, 2024, is defamatory, libellous, slanderous, and derogatory.
- N500 million in damages for each claimant.
- An order restraining the defendant and his agents from further publishing defamatory content.
- A directive for the defendant to issue a public apology on all his social media platforms and in one national daily newspaper.
Court Orders Temporary Restraints on Defendant
On October 14, 2024, Justice Matthias Dawodu had ordered the defendant to remove the allegedly defamatory video from his social media platforms and refrain from publishing similar content until the case is resolved. The judge also mandated that legal processes be served on the defendant through his lawyer, Deji Adeyanju.
Defendant Challenges Jurisdiction
In his preliminary objection, the defendant argued that the Lagos High Court lacks jurisdiction to hear the case, citing provisions of the High Court of Lagos State (Civil Procedure) Rules, 2019. He claimed that the defamatory publication was made in Abuja, where he resides and conducts business, and that the claimants filed the suit in Lagos for perceived advantage (forum shopping).
Plaintiffs Maintain Defamatory Claims
The Falanas argued that the defendant knowingly made false and reckless allegations, tarnishing their reputations. They added that the publication continues to circulate on the defendant’s social media pages, compounding the harm to their character.
The plaintiffs further alleged that Bobrisky, in the audio referenced by the defendant, never mentioned paying N10 million to the Falanas. They claim that VeryDarkBlackMan fabricated this narrative and shared it irresponsibly.
Court to Decide on Jurisdiction in February
At the hearing on Thursday, the defense counsel requested additional time to respond to the plaintiffs’ counter-affidavit. The plaintiffs’ counsel, Omotade Omotunbosun, did not oppose the request.
Justice Dawodu subsequently adjourned the case to February 19, 2025, for a hearing on the defendant’s objection to the court’s jurisdiction.
Key Issues to Be Addressed
The February hearing will determine whether the Lagos High Court has territorial jurisdiction to proceed with the case. If jurisdiction is established, the court will then hear arguments on the substantive defamation claims.
A High-Stakes Legal Showdown
The case underscores the growing legal implications of social media activities and the importance of verifying allegations before publishing content. As the legal battle unfolds, it will test the boundaries of defamation law and jurisdiction in Nigeria.
