An Ikeja High Court on Tuesday struck out the defamation suit filed by renowned human rights lawyer, Femi Falana (SAN), and his son, Folarin Falana (popularly known as Falz), against Instagram activist Martins Otse, also known as VeryDarkMan (VDM).
Justice Matthias Dawodu, who presided over the case, ruled that the suit could not proceed due to procedural issues, noting that a related application referenced during the hearing was not in the court file. He further questioned the rationale behind bringing the case before him when the substantive matter was already pending before another judge.
“The application is not before me. I don’t understand why I am being troubled with this case when the substantive suit is before another court,” Justice Dawodu said before striking out the matter.
Background
The Falanas had filed the suit in response to a video posted by VDM on social media, in which he commented on an alleged audio recording made by cross-dresser Idris Okunneye, popularly known as Bobrisky. The recording allegedly accused Mr. Falana and his son of perverting justice.
In the suit, the Falanas each demanded N500 million in damages for defamation.
Proceedings
At the hearing, none of the principal parties — Mr. Falana, Falz, or VDM — were present in court.
Counsel to the respondent, Niyi Alagbe, appearing on behalf of Marvin Omorogbe, informed the court that an application for stay of proceedings had been filed earlier before Justice Fimisola Azeez.
Responding, the claimants’ counsel, Omotayo Olatunbosun, confirmed receipt of the application the previous day at 4:15 p.m. He argued that the preliminary objection was ripe for hearing and accused the respondent’s legal team of attempting to delay proceedings.
Nonetheless, the judge maintained that it would be an academic exercise to proceed with a matter already before another judge and formally struck out the case.
“Consequently, this suit is hereby struck out,” he ruled.
