A Lagos High Court sitting in Ikeja has ordered social media influencer, Martins Otse, popularly known as VeryDarkMan to remove all defamatory contents about rights lawyer, Femi Falana, SAN, from all his social media handles.
Justice M. Dawodu gave the order while ruling on an ex-parte application filed by Falana seeking for a preemptive order restraining VeryDarkMan from further publishing defamatory content against him.
Recall that VeryDarkMan in a leaked video purportedly made by Idris Okuneye popularly known as Bobrisky had made some remarks about the role allegedly played by Falana in Bobrisky’s attempt to secure amnesty while in prison custody.
Following the public uproar generated by VeryDarkMan’s allegation, Falana through a letter by his law firm demanded a retraction of the allegation and subsequently filed a libel suit against VeryDarkMan before a Lagos State High Court.
In his ruling on the exparte application filed along with the substantive suit, Justice Dawodu ordered VeryDarkMan, his agents, and any associates to remove the defamatory videos and comments posted on September 24, 2024, across all his social media platforms.
The judge also restrained VeryDarkMan from further publishing any defamatory content against Falana.
Justice Dawodu granted the order on Monday, pending VeryD compliance with the pre-action protocol of the court.
In the application, Falana prayed the court for “An order of interim/pre-emptive remedy by this 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 September 24, 2024, from all his online social media handles/pages, pending compliance with the pre-action protocol of this 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 of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II, Abuja.”
In his ruling, Justice Dawodu held: “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 the same through the depositions in his affidavit.
“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).
“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 September 24, 2024, on all his online social media handles/pages pending compliance with the pre-action protocol of this 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
“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.”
Vanguard
