The Federal High Court in Lagos has issued an interim order restraining Martins Vincent Otse, known as VeryDarkMan, from further publishing defamatory content about renowned human rights lawyer, Femi Falana (SAN).
The court directed Verydarkman, his agents, and any associates to remove the defamatory videos and comments posted on September 24, 2024, across all his social media platforms.
Justice M.O. Dawodu granted the order on Monday, pending Otse’s compliance with the Pre-Action Protocol of the court.
The ruling comes in response to a lawsuit numbered ID/8586GCM/2024, filed by Falana against VeryDarkMan.
However, in the ruling, Justice Dawodu granted the applicant’s prayers, seeking the following reliefs:
“AN ORDER of interim/pre-emptive remedy by this Honourable Court restraining the Defendant, his agents, privies, and/or anyone from further circulating or publishing any defamatory videos/comments about the Applicant, and to remove the defamatory videos/comments published on 24th September, 2024, from all his online social media handles/pages, pending compliance with the Pre-Action Protocol of this Honourable Court.
“AN ORDER granting leave 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.
“SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances of this ex-parte application.”
Meanwhile, the notice stated that the grounds upon which this application is brought are that the Claimant/Applicant is a Legal Practitioner, a Senior Advocate of Nigeria, a former National President of the Committee for the Defence of Human Rights, and a former President of the West African Bar Association
The Defendant is a social media entertainer known on X app (formerly Twitter) as @thatverydarkman and on Instagram app as @verydarkblackman.
It read, “The Defendant published a video on September 25, 2024, on his Instagram handle @verydarkblackman where he made unsolicited comments, viz:
“In everything and everyone that is mentioned here, I will be disappointed if truly FALZ and his father are involved in this whole Bobrisky Issue…. Falzthebhadguy contacted Bobrisky….and contacted his father, Femi Falana spoke to Bobrisky in order to divert justice…..a whole Femi Falana… will engage himself in something like this?
“Alright, based on this first voice note…. Bobrisky is saying that Femi Falana collected N10 million in order to wipe his name off the record These are people I respected…. So, you can also be involved in things like these? I have lost 100% respect for these… For now, I take what Bobrisky said as the truth…”
In his ruling, justice Dawodu-Judge said, “The Applicant has a legal right to be protected from being defamed by the actions of the Defendant. Whether this action will succeed can only be determined during the hearing of the matter.
“There is no doubt that the Applicant has a legal right not to be defamed and has proved the possible existence of a breach of same through the depositions in his affidavit. See Akapo v. Hakeem- Habeeb [1992] 6 NWLR (Pt. 247) pg. 266.
“From the affidavit evidence and the documents in support thereof, it is clear that there are substantial issues to be tried in this matter; the balance of convenience seems to be in favor of the Applicant, and damages might not be adequate compensation, especially moreso that the Defendant might not be in good financial standing to compensate the Applicant if the Court finds in his favor.
“From the foregoing, this Court finds that the Applicant has satisfied the conditions stated in Adeleke v. Lawal (supra). See also Adeyemi Works Construction (Nig.) Ltd. v. Omolehin [2004] 6 NWLR (Pt. 870) pg. 650; Orji v. Zaria Industries Ltd. [1992] 1 NWLR.”
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 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.
It noted that the reason why the Defendant (VeryDarkMan) should be served through his lawyer is because he is not known to have any verifiable physical address except that he is very active on social media platforms.
The Judge ruled,”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.”
“The order in 1 above shall lapse after 21 days from today,” the judge added.
Backstory
Sometime in September, VeryDarkMan had leaked a video recording that purportedly reveals how cross-dresser Idris Okuneye, popularly known as Bobrisky, served his recent jail term outside the prison facility.
According to VeryDarkMan, Bobrisky bribed officials of the Economic and Financial Crimes Commission with N15 million to drop money laundering charges against him.
In the same video, VeryDarkMan alleged that Bobrisky paid N10 million to Falz (Folarin Falana) and his father (Femi Falana) to intercede on his behalf for a presidential pardon.
Following these allegations, the EFCC has launched an investigation into claims that some of its officers accepted N15 million from Bobrisky to dismiss the money laundering charges against him.
The inquiry, directed by EFCC Chairman Ola Olukoyede, comes in light of a viral audio recording in which Bobrisky, an ex-convict, made these allegations.
Meanwhile, in a pre-action notice filed on September 30, 2024, Femi Falana (SAN), through his counsel, Olorunfemi Akinyemi, Esq., wrote to VeryDarkMan, requesting that he publish an apology to the claimant on all his social media handles/pages for the defamatory statements made in the video in question.
The notice also demands a full retraction of the statements and the removal of all offensive videos from online platforms.
According to Akinyemi, Mr Falana has been inundated with calls, messages and physical visits from countless individuals and corporate bodies all over the world who read/viewed or listened to your mendacious, reckless and offensive publication and expressed profound dismay and displeasure with the alleged misconduct in the publication and they have all threatened to disassociate from him unless he clears his name through a court of law.
The notice said, “Your action was motivated by economic gains that you would derive from the reckless, thoughtless and false publication of the offensive and libelous video and statement while pretending to run a commentary on a purported unverified audio recording of a private one-sided phone narrative allegedly by a “Bobrisky”.
“We have seen and read your solicitor’s, Deji Adeyanju & Partners, response through a letter also dated September 25, 2024 posted online wherein you confirmed the publication of the defamatory video containing the offensive words but futilely attempted to deny defaming our whom was described as “…a renowned Senior Advocate of Nigeria and globally recognised human rights activist.”
“You have failed to tender an unreserved apology and a full retraction of the defamatory video till date. Same continues to be viewed by your millions of online followers and is trending all over the world till this moment.
“You know or ought reasonably to know that the content of the said publication by you is false, reckless and libelous.
“We position that our client consider litigation only as a last resort and is not averse to an amicable resolution via any alternative dispute resolution method you deem suitable in the circumstance.
“We request that you publish an apology to the Claimant on all your social media handles/pages for the defamatory words contained in the video complained of and a full retraction of same, including bringing all the offensive videos down online.
“You restrain your online followers, agents or servants or otherwise from further publishing or causing to be published the said similar words/videos defamatory to the Claimant.
“Payment of the sum of N500,000,000.00 (Five Hundred Million Naira only) as damages for the defamation of character contained in the online publication of September 24, 2024.”
