The Lagos State Excessive Courtroom has ordered social media influencer Martins Otse, broadly often known as VeryDarkMan (VDM), to delete defamatory feedback and movies he made in September about human rights lawyer Femi Falana and his son, singer Falz.
The decide issued the order on Monday in a ruling on Mr Falana’s preliminary utility for pre-emptive actions to restrain VeryDarkMan from additional defaming him and his son.
In September, PREMIUM TIMES reported that VeryDarkMan posted on his Instagram web page a leaked audio clip of Bobrisky, by which the crossdresser implicated Falz and his father.
Bobrisky, whose actual identify is Idris Okuneye, alleged that whereas he was imprisoned on the Kirikiri Correctional Centre, Falz and his father contacted him to facilitate a “presidential pardon” for a charge of N10 million.
Nonetheless, in October, this newspaper reported that Mr Falana, throughout his look on Channels TV’s Politics Right now, denied ever contacting or understanding Bobrisky.
The 66-year-old additionally refuted the N10 million deal allegation, saying that he had secured pardons for quite a few convicts with none costs.
The Ekiti-born additional said that he wouldn’t pursue felony costs towards VeryDarkMan primarily based on his precept that free speech ought to by no means be criminalised, however initiated civil proceedings to revive his and his son’s integrity and status.
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He famous that he had requested an apology and retraction from VeryDarkMan, which the influencer failed to offer.
The senior advocate then went forward to sue VeryDarkMan through an ex parte originating utility on 9 October. Ex-parte functions are heard by courts within the absence of the hostile events and their attorneys.
Within the ex parte utility, heard by the decide on 10 October, Mr Falana sought varied preemptive orders towards VeryDarkMan forward of the listening to of the substantive swimsuit. He additionally sought an order to serve VeryDarkMan via substituted means by serving the swimsuit on his lawyer.
Courtroom ruling
In his ruling delivered on Monday, the decide, M.O. Dawodu, granted Mr Falana’s prayers for preemptive orders and repair via substituted means.
The decide directed VeryDarkMan to delete and cease publishing or circulating the defamatory video/feedback first printed on 24 September through his social media handles and pages towards Mr Falana and Falz.
“I hereby make the next orders, the Defendant, his brokers, and privies are hereby restrained from additional releasing, publishing, or circulating any defamatory video/feedback in regards to the applicant and to deliver down the defamatory video/feedback in regards to the applicant printed on 24 September 2024 on all his on-line social media handles/pages pending compliance with the Pre-Motion Protocol of this honourable courtroom,” the decide dominated.
The ruling being a forerunner to the listening to of the substantive swimsuit, the decide dominated that the preemptive orders would lapse inside 21 days.
Setting the stage for the listening to of the substantive swimsuit, the decide granted Mr Falana’s request to serve VeryDarkMan with a pre-action bundle, the originating processes, and all different courtroom paperwork via another means.
The decide waived private service of the swimsuit on VeryDarkMan on account of his unavailability at his dwelling deal with. The decide gave Mr Falana permission to serve him the swimsuit with all vital paperwork and submitting via his lawyer, Deji Adeyanju.
A pre-action bundle is a set of paperwork and knowledge exchanged between events earlier than formal authorized proceedings are initiated. Its goal is to encourage settlement and make clear points, doubtlessly avoiding the necessity for courtroom intervention.
The ruling partly learn: “Along with the order for pre-emptive treatment, the applicant can also be in search of go away of courtroom to serve the defendant with the pre-action bundles, originating processes and all different courtroom processes between events substituted means via his lawyer Deji Adeyanju Esq. of Deji Adeyanju and Companions at Terrace Block D4, White Diamond Property, Makuru Road, Off Embu Road, Off Aminu, Wuse Il, Abuja.
“The reason being that the defendant isn’t recognized to have any verifiable bodily deal with besides that he’s very energetic on social media platforms.”
The ruling continued, “In compliance with the above provision, the applicant has said in his affidavit in help that it will likely be unattainable to personally serve the defendant as he’s not recognized to have any verifiable bodily deal with. Nonetheless, he believes that the defendant would find out about this matter if served by substituted means via his lawyer.
“This Courtroom agrees with the submission of the Applicant’s Counsel as the aim of substituted service is to the defendant’s consideration that there’s a case towards him in Courtroom.”
Denial and fallouts
In September, this newspaper reported that VeryDarkMan’s lawyer denied that his consumer defamed Mr Falana, emphasising that the social media influencer held Mr Falana in excessive regard.
He said that VeryDarkMan merely questioned the legitimacy of Bobrisky’s claims made within the leaked audio.
This newspaper reported that Mr Falana informed Sahara Reporters in an interview that supporters and well-wishers of VeryDarkMan threatened to burn down his workplace and kill his daughter if he pursued authorized motion towards the influencer.
He described those that made the threats as mentally unstable people. Mr Falana, who went forward to file the authorized motion, mentioned the individuals underestimated his willpower and had been oblivious of his monitor report of combating towards formidable navy leaders in Africa.
Bobrisky saga
This newspaper reported that these allegations ignited a vigorous public debate, leading to a sequence of investigations by the Financial and Monetary Crimes Fee (EFCC), whose brokers allegedly obtained bribes to drop cash laundering costs towards Bobrisky, and the Nigerian Correctional Service (NCoS), which allegedly obtained bribes from him to maintain him a VIP custody as a substitute of the common jail. The Home of Representatives additionally commenced a listening to into the allegations.
In April, this newspaper reported that the EFCC arrested Bobrisky on six counts of cash laundering and Naira mutilation.
Throughout his trial on the Federal Excessive Courtroom in Lagos, the decide, Abimbola Awogboro, dismissed the cash laundering costs (counts 5 and 6) following EFCC’s request to drop them however sentenced Bobrisky to 6 months in jail for Naira abuse.
The decide imposed a six-month jail time period with out the choice of a tremendous, stating that the crossdresser’s sentence would function a deterrent to others who mutilate the Naira.
Bobrisky started his jail time period on 24 March and was launched from Kirikiri Correctional Centre on 5 August after serving his full sentence.
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