An Ikeja Excessive Court docket on Thursday mounted 19 February to listen to a preliminary objection filed by Martins Otse, often known as Verydarkblackman (VDM), difficult a defamation swimsuit towards him.
A human rights lawyer, Femi Falana (SAN) and his son, Folarin, referred to as Falz, filed the defamatory swimsuit towards 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 Mr Falana and his son.
Nevertheless, VDM, by 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 towards his preliminary objection.
He mentioned the counter-affidavit was made accessible to him on Wednesday.
Mr Omorogbe, due to this fact, requested extra time to reply to the counter-affidavit.
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The plaintiffs’ counsel, Omotade Omotunbosun, didn’t object to the appliance for adjournment.
Following this growth, Justice Matthias Dawodu adjourned the case till 19 February for a listening to.
Within the preliminary software, VDM, by his counsel, 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 line with Mr Omorogbe, VDM is domiciled and operates outdoors the courtroom’s jurisdiction in Abuja.
He additionally submitted that the alleged defamatory publication was made in Abuja.
READ ALSO: Court docket fixes date for listening to of VDM, Falana’s defamatory swimsuit
He, due to this fact, urged the courtroom to strike out the swimsuit.
Backstory
The Information Company of Nigeria (NAN) stories that within the final continuing, on 14 November 2024, the courtroom adjourned till 23 January to listen to the alleged defamation swimsuit towards 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.
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 may file an administrative course of.
Mr Omorogbe, in his response, urged the courtroom to strike out the swimsuit, arguing that there was no legitimate writ of summon earlier than it.
He argued that the writ already filed was invalid because it was not earlier than the courtroom.
NAN additionally stories that the courtroom had on 14 October, 2024, ordered VDM to deliver down the alleged defamatory video on his social platform which he made on 24 September, 2024 towards the plaintiffs.
The courtroom made the order following an ex parte originating software filed by Falana and his son towards the actions of VDM.
(NAN)
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