October 15, (THEWILL) – The Lagos State High Court, on Tuesday, ordered controversial social media activist, Martin Vincent Otse, popularly known as VeryDarkMan, to take down what it called defamatory comments and videos on social media about human rights lawyer, Femi Falana (SAN) and his son, Folarin Falana, a.k.a Falz.
Justice Mathias Dawodu, gave the order while ruling in suit no: ID/8584/GCM/2024.
The Falanas had in an ex-parte application filed October 9, sued VeryDarkMan following his comments concerning a case between Social media Influencer and Cross-dresser, Idris Okuneye, also known as Bobrisky, and the Economic and Financial Crimes Commission (EFCC).
VeryDarkMan had in a social media post, published an audio said to be a conversation between Bobrisky and an undisclosed friend, where he alleged that operatives or the EFCC demanded the sum of N15m from him to drop the money laundering charge against him, while he was in detention.
According to the video, Bobrisky was said to reveal that he was in a private apartment rather than in prison, as his “godfather” used his connections to make it happen. Bobrisky is said to have alleged that Falana demanded the sum of N10m from him, in order to apply for a state pardon on his behalf.
In the suit, the Falanas alleged that in the “unverified audio recording of a one-sided narrative by the alleged Bobrisky, the said Bobrisky never said that the Claimant/Applicant herein collected N10 million from him, yet the defendant recklessly stated that Femi Falana collected N10 million from Bobrisky.
“The Defendant said online publication contained multiple allegations and that he did not expect the Claimant, a lawyer to the late Fela Anikulapo Kuti, whom everyone respects, to “engage in something like this?” He also stated that the Claimant represented to Bobrisky that he could get a presidential pardon for Bobrisky in exchange for N10,000,000.00 (Ten million Naira only).”
They, therefore, seek the following relief: “A declaration that the publication of the Defendant made on September 24, 2024, on his Instagram handle, @verydarkblackman, wherein he specifically targeted the Claimant, is libellous, slanderous, derogatory, scandalous and defamatory.
“The sum of N500,000,000.00 (Five Hundred Million Naira Only) for defamation of character contained in the Defendant’s video publication of September 24, 2024, on his Instagram handle @verydarkblackman.
“An order of perpetual injunction restraining the defendant, his agents or servants or otherwise from further publishing or causing to be published the said or similar words defamatory to the Claimant.
“An order directing the defendant to publish an apology to the Claimant on all his social media handles/pages for the defamatory words contained in the video complained of and in one National Daily Newspaper.”
Ruling on Tuesday, Justice Dawodu held that the applicants have legal rights to be protected from being slandered.
Noting that the publications made by VeryDarkMan on his social media accounts on September 24, 2024, linking Bobrisky to Falz and his father were defamatory and injurious to their public image, Justice Dawodu restrained the self-acclaimed social media activist from further releasing, publishing, or circulating any defamatory videos and comments against the senior lawyer and his son on all his social media handles and pages pending the hearing of a suit filed against him.
The judge also ordered that all the processes in the matter be served on VeryDarkMan through his lawyer, Barr. Deji Adeyanju.
“There is no doubt that the applicants have legal rights not to be defamed and has proved the possible existence of a breach of same through the depositions in their affidavit.
“Based on all the preceding, the court resolves the sole issue for determination in favour of the Applicant. This application succeeds, and I hereby make the following orders:
“The Defendant, his agents, and privies are hereby restrained from further releasing, publishing, or circulating any defamatory videos/comments about the Applicant and to bring down the defamatory video/comments about the Applicant published on 24th September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this Honourable Court.
“Leave is hereby granted to the Applicant to serve the Pre-Action Bundles, Originating Processes, and all other court processes between parties herein on the Defendant by substituted means through his lawyer, Deji Adeyanju Esq. of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II, Abuja.
“The Applicant must file and serve the Pre-action Bundles, Originating processes, and other accompanying processes on the Defendant within 14 days from today”, Justice Dawodu held.
“The order in one above shall lapse after 21 days from today”, the judge held.
