The Lagos State High Court in Ikeja has adjourned a N1 billion defamation lawsuit filed by prominent human rights lawyer Femi Falana (SAN) and his son, rapper and activist Folarin Falana, popularly known as Falz.
The suit, brought against Martins Otse, also known as VeryDarkBlackMan, has been rescheduled for hearing on February 19, 2025.
Justice Matthias Dawodu fixed the date to address a preliminary objection filed by the defendant, who is challenging the competence of the suit and the court’s jurisdiction.
VeryDarkBlackMan’s lawyer, Marvin Omorogbe, argued that the court lacks territorial jurisdiction, as the defendant resides and conducts business in Abuja, where the alleged defamatory publication originated.
The Falanas are seeking N500 million each in damages, claiming that the social media influencer falsely accused them of collecting N10 million from popular crossdresser Idris Okuneye, a.k.a. Bobrisky, to influence the course of justice.
At Thursday’s hearing, Omorogbe informed the court that he had just received the plaintiffs’ counter-affidavit to his objection and required more time to respond.
The plaintiffs’ lawyer, Omotade Omotunbosun, did not oppose the request, leading the court to adjourn the case.
On October 14, 2024, Justice Dawodu ordered the defendant to remove the alleged defamatory video from his social media platforms and refrain from publishing further defamatory content about the plaintiffs.
The court also directed that case documents be served on the defendant through his legal representative, Deji Adeyanju.
Omorogbe argued that the plaintiffs engaged in “forum shopping” by filing the case in Lagos instead of Abuja, suggesting they sought a favorable ruling.
He maintained that the alleged defamatory statements were made in Abuja and, therefore, fall outside the Lagos court’s jurisdiction.
In their filing, the Falanas asserted that the defendant knowingly published false and damaging claims, which have continued to harm their reputation.
“The defendant knew his comments were baseless and unverified, yet he published them recklessly to injure the plaintiffs’ reputation,” they stated.
The Falanas are seeking a declaration that the defendant’s September 24, 2024, Instagram post was defamatory. They are also asking for an apology to be published on all of the defendant’s social media platforms and in a national newspaper.
“An order of perpetual injunction is necessary to prevent further dissemination of similar defamatory content,” the plaintiffs added.
The court will revisit the matter on February 19, 2025, for a hearing on the defendant’s preliminary objection.
