AN X user, @Teeniiola, has claimed that a social media influencer, Martins Otse, also known as VeryDarkMan on Instagram has won the defamation suit filed against him by prominent Nigerian lawyer, Femi Falana (SAN) and his son, Folarin Falana, popularly called Falz.
The X user posted the claim (now-deleted) with a caption thus:
“Breaking: VeryDarkMan won the case against Falana and Falz in court today.”
The claim has been circulated widely online.
VeryDarkMan vs Falana’s saga
VeryDarkMan had posted on his Instagram page a leaked audio clip of Bobrisky, in which the cross-dresser allegedly implicated Falz and his father.
In the audio clip, Bobrisky, whose real name is Idris Okuneye, alleged that while he was imprisoned at the Kirikiri Correctional Centre, Falz and his father contacted him to facilitate a “presidential pardon” for a fee of N10 million.
READ: No! Court did not order VeryDarkMan to pay N500m fine over defamation
Falana, during his appearance on Channels TV’s Politics Today, denied ever contacting or knowing Bobrisky. He also refuted the N10 million deal allegation, stating that he had secured pardons for numerous convicts without any charges.
He further indicated that he would not pursue criminal charges against VeryDarkMan based on his principle that free speech should never be criminalized but initiated civil proceedings to restore his and his son’s integrity and reputation. He noted that he had requested an apology and retraction from VeryDarkMan, which the influencer failed to provide.
The senior advocate then proceeded to sue VeryDarkMan via an ex-parte originating application on October 9, 2024. Ex-parte applications are heard by courts without the adverse parties and their lawyers.
In the ex parte application, heard by a judge on October 10, 2024, Falana sought various preemptive orders against VeryDarkMan ahead of the hearing of the substantive suit. He also sought an order to serve VeryDarkMan through substituted means by serving the suit on his lawyer.
Following Falana’s suit, the Lagos State High Court ordered the controversial social media influencer to remove defamatory comments and videos concerning the lawyer and human rights activist.
M. O. Dawodu delivered the ruling in suit no: ID/8584/GCM/2024 on October 14, 2024. According to him, VeryDarkMan’s publications on his social media accounts on September 24, 2024, linking Bobrisky to Falz and his father were defamatory and injurious to their public image.
ALSO READ: Bobrisky has NOT been sentenced to 2 years imprisonment!
The court also restrained him from further releasing, publishing, or circulating any defamatory videos or comments about the Falanas.
However, VeryDarkMan, in two separate motions on notice obtained sought an order from the court to extend the time to seek leave to appeal the court’s ruling.
CLAIM
VeryDarkMan has won defamation suit filed against him by Falana and Falz.
THE FINDINGS
Findings by The FactCheckHub show that the claim that VeryDarkMan has won the case is FALSE.
A review of recent credible media reports regarding the case shows that an Ikeja High Court reserved January 23, 2025 to hear the alleged defamation suit filed against the controversial influencer.
When the case was called on Thursday, November 14, 2024 counsel to Falana and Falz, Muiz Banire, a Senior Advocate of Nigeria, informed the court that the claimants had filed the originating process and served to the parties.
Banire also said a motion on notice was served on October 25 but Justice Matthias Dawodu said the originating process was not before the court.
The claimant’s counsel, however, prayed the court to adjourn the case to enable him file administrative processes.
In his response, counsel to VDM, Marvin Omorogbe, said it had been observed that there was no valid writ of summons before the court and prayed the court to strike out the lawsuit.
Omorogbe said he did not know how the court registry would prepare any administrative process opining that the writ already filed was invalid as it was not before the court.
He argued that the defendants improperly used the same suit number for a new writ as the preemptive remedy proceedings, which he stated requires a fresh suit number. He requested a date to hear his preliminary objection and asked the court to withdraw a motion from October 18, viewing it as an appeal attempt based on procedural admissions.
With no opposition, Justice Dawodu struck out the motion and scheduled a hearing for January 23, 2025.
DON’T MISS THIS: Can a Nigerian-trained lawyer practice outside the country?
In a related case, the court postponed proceedings involving Falz and VDM, who had been previously ordered on October 14 to remove a defamatory video and an audio recording of Bobrisky’s accusations against Falana and his son.
This means that the legal battle is still ongoing and yet to be concluded or won by VeryDarkMan contrary to the social media user’s claim.
THE VERDICT
The claim that VeryDarkMan has won the defamation suit filed against him by Falana and Falz is FALSE; findings show that the case is ongoing, with the next hearing scheduled for January 23, 2025.
Nurudeen Akewushola is a fact-checker with FactCheckHub. He has authored several fact checks which have contributed to the fight against information disorder. You can reach him via [email protected] and @NurudeenAkewus1 via Twitter.
 and his son, Folarin Falana, popularly called Falz.){kind=link}