An Ikeja Excessive Court docket on Thursday mounted until 19 February to listen to a preliminary objection filed by Martins Otse, often known as Verydarkblackman (VDM), difficult a defamation swimsuit in opposition to him.
A human rights lawyer, Femi Falana (SAN) and his son, Folarin, often called Falz, filed the defamatory swimsuit in opposition to VDM.
Mr Falana filed the swimsuit following an audio recording of a one-sided narrative by a cross-dresser, Bobrisky, alleging perversion of justice by Falana and their son.
Nevertheless, VDM, by way of his counsel, Marvin Omorogbe, filed a preliminary objection difficult the swimsuit’s competence and the courtroom’s jurisdiction.
When the case was referred to as on Thursday, the defendant’s counsel knowledgeable the courtroom that the plaintiffs had filed a counter-affidavit in opposition to his preliminary objection.
He mentioned the counter affidavit was made out there to him on Wednesday.
Mr Omorogbe, subsequently, requested extra time to reply to the counter-affidavit. The plaintiffs’ counsel, Omotade Omotunbosun, didn’t object to the appliance for adjournment.
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After the event, Decide Matthias Dawodu adjourned the case till 19 February for a listening to, underscoring the gravity of the authorized proceedings.
Preliminary software
Within the preliminary software, VDM, by way of his counsel, offered an in depth authorized argument. He argued that by the provisions of Order 4 Rule 1(4) of the Excessive Court docket of Lagos State (Civil Process) Guidelines, 2019, the courtroom didn’t have the territorial jurisdiction to entertain the swimsuit.
In keeping with Mr Omorogbe, VDM is domiciled and operates exterior the courtroom’s jurisdiction in Abuja. He additionally submitted that the alleged defamatory publication was made in Abuja. He, subsequently, urged the courtroom to strike out the swimsuit.
The Information Company of Nigeria (NAN) studies that on the final continuing, on 14 November 2024, the courtroom adjourned till 23 January to listen to the alleged defamation swimsuit in opposition to VDM.
On that date, counsel to Falana and Falz, Muiz Banire (SAN), knowledgeable the courtroom that the claimants had filed the originating course of and served to the events.
READ ALSO: Court docket adjourns Falana’s defamation swimsuit in opposition to VDM (UPDATED)
Mr Banire additionally talked about {that a} movement on discover was served on 25 October 2024, however the courtroom mentioned the originating course of was not earlier than it.
Nevertheless, the claimant’s counsel prayed the courtroom to adjourn the case in order that he might file an administrative course of.
In his response, Mr Omorogbe urged the courtroom to strike out the swimsuit, arguing that no legitimate writ of summons was earlier than it.
He argued that the writ already filed was invalid because it was not earlier than the courtroom.
NAN additionally studies that the courtroom had, on 14 October 2024, exercised its authority by ordering VDM to take away the alleged defamatory video from his social platform, which he had posted on 24 September 2024, in opposition to the plaintiffs.
The courtroom ordered following an ex parte originating software filed by Falana and his son in opposition to VDM’s actions.
(NAN)
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