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The posts were made on September 24, 2024.
The Lagos State High Court, Ikeja Judicial Division has ordered a blogger, Martins Vincent Otse, popularly known as VeryDarkMan, to bring down the defamatory video/comments about Nigerian rapper, Folarin Falana, aka Falz, published on all his online social media handles/pages within 21 days.
The posts were made on September 24, 2024.
The court also “restrained him, his agents, and privies from further releasing, publishing, or circulating any defamatory videos/comments about Falz pending compliance with the Pre-Action Protocol of this Honourable Court”.
The orders were issued following an ex-parte application brought by Folarin Falana in Suit No ID/8584/GCM/2024 dated October 9, 2024 and delivered on Monday, October 14, 2024.
In the ex-parte originating application, the Claimant had sought among others, “an order of interim/pre-emptive remedy by the court restraining the Defendant, his agents, privies and/or anybody from further circulating or publishing any defamatory video/comments about the Applicant, and to bring down the defamatory video/comments about the Applicant published on 24th September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this Honourable Court”.
Falz also sought "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 Kano, Wuse II, Abuja.
"Such Further Order(s) as this Honourable Court may deem fit to make in the circumstances of this ex-parte application."
In his ruling in the Suit between Folarin Falana aka Falz as Claimant/Applicant and Martins Vincent Otse (aka @verydarkblackman on Instagram & @thatverydarkmnn on X/Twitter) as Defendant, the presiding Judge, Justice M. O. Dawodu, granted Applicant the leave 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 Esq.
The court also ordered that the "Applicant must file and serve the Pre-action Bundles, Originating processes, and other accompanying processes on the Defendant within 14 days from today (October 14).
"The order in 1 above (which directed the VeryDarkMan to bring down all defamatory publications against Falz from all his social media platforms) shall lapse after 21 days from today."
Meanwhile, the Claimant in a pre-action notice dated September 30, 2024, notified the Defendant of his intention to commence an action against him in compliance with Order 5 Rule 1 (2)(e) of the High Court of Lagos State (Civil Procedure) Rules 2019 and the preamble thereto.
Titled: "Memorandum Of Claim Pursuant To Order 5 Rule 1 (2)(e) Of The High Court Of Lagos STATE (Civil Procedure) Rules 2019 And The Preamble Thereto Aber," the Claimant said he will be seeking among other reliefs against VeryDarkMan N500 million for libel contained in his video publication of September 25, 2024, on his Instagram handle @verydarkblackman where litigation becomes inevitable and he did not respond in compliance with the Pre-Action Protocol.
According to the letter which was signed by Olorunfemi Akinyemi, Esq, a principal partner at the Falana & Falana's Chambers, gave the settlement option as follows:
"We request that you publish an apology to the Claimant on all your social media handles/pages for the defamatory words contained in the video complained of and a full retraction of same, including bringing all the offensive videos down online.
"You restrain your online followers, agents or servants or otherwise from further publishing or causing to be published the said similar words/videos defamatory to the Claimant.
"Payment of the sum of N500,000,000.00 (Five Hundred Million Naira only) as damages for the defamation of character contained in the online publication of September 24, 2024, September 24, 2024."
It noted that if litigation becomes inevitable, the Claimant will be seeking following reliefs: "A DECLARATION that the publication of the Defendant made on September 25, 2024, on his Instagram handle: coolverydarkman, captioned "In everything and everyone that is mentioned here, I will be disappointed if truly FALZ and his father are involved in this whole Bobrisky issue..." is libelous, injurious, derogatory, scandalous and defamatory against the Claimant.
"The sum of N500,000,000.00 (Five Hundred Million Naira Only) for libel contained in the Defendant's video publication of September 25, 2024, on his Instagram handle @verydarkblackman.
"AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant, his agents or servants or otherwise from further publishing or causing to be published the said or similar words defamatory to the Claimant.
"AN ORDER directing the Defendant to publish an apology to the Claimant on all his social media handles/pages for the defamatory words contained in the video complained of and retracting same."
BACKGROUND
There is an ongoing controversy stemming from an audio of cross-dresser, Idris Okuneye, popularly known as Bobrisky, shared online by VeryDarkMan in which Bobrisky confessed to serving his jail term outside the prison facility.
In the audio, Bobrisky claimed she bribed some Economic and Financial Crimes Commission officials with N15 million to drop the money laundering charge against her.
The crossdresser also claimed that her ‘godfather,’ alongside the Controller-General of the Nigerian Correctional Service, Haliru Nababa, ensured she served her six-month sentence for abusing the naira in a private apartment and not in prison.
VeryDarkMan also alleged that Falana sought a presidential pardon for Bobrisky in exchange for N10 million.
The recent spate of allegations levelled accusations of bribery and corruption against Falana and his musician son, Folarin Falana, better known as Falz.
The Senior Advocate of Nigeria and his son, Falzm in separate letters, had swiftly given VeryDarkMan 24 hours to “retract his offensive and derogatory publication,” against them and issue a public apology.
The separate letters were signed by Taiwo E. Olawanle.
Olawanle characterised VeryDarkMan's statements as "a vicious, wicked, and reckless ploy" designed to tarnish Falana's reputation among the public.
However, VeryDarkMan recently tendered an apology to Falana when he appeared before the Nigerian House of Representatives.
He said, “Apparently, now, some people are taking advantage of what is going to target Femi Falana.
“Here, I apologise. It’s so sad that his name was inside that audio. I couldn’t believe as well; that is the part that irritated me more when I said I refuse to believe that he is a party to something like that.”
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