Nigerian Excessive Court docket Orders VeryDarkMan To Take away Defamatory Posts Towards Falana From All Social Media Handles Inside 21 Days

The Federal Excessive Court docket in Lagos has issued an interim order restraining Martins Vincent Otse, referred to as VeryDarkMan, from additional publishing defamatory content material about famend human rights lawyer, Femi Falana (SAN).

The courtroom directed Verydarkman, his brokers, and any associates to take away the defamatory movies and feedback posted on September 24, 2024, throughout all his social media platforms.

Justice M.O. Dawodu granted the order on Monday, pending Otse’s compliance with the Pre-Motion Protocol of the courtroom.

The ruling is available in response to a lawsuit numbered ID/8586GCM/2024, filed by Falana in opposition to VeryDarkMan.

Nevertheless, within the ruling, Justice Dawodu granted the applicant’s prayers, searching for the next reliefs:

“AN ORDER of interim/pre-emptive treatment by this Honourable Court docket restraining the Defendant, his brokers, privies, and/or anybody from additional circulating or publishing any defamatory movies/feedback in regards to the Applicant, and to take away the defamatory movies/feedback printed on twenty fourth September, 2024, from all his on-line social media handles/pages, pending compliance with the Pre-Motion Protocol of this Honourable Court docket.

“AN ORDER granting depart to the Applicant to serve the Pre-Motion Bundles, Originating Processes and all different courtroom processes between events herein on the Defendant by substituted means by way of his lawyer Deji Adeyanju Esq. of Deji Adeyanju & Companions at Terrace Block D4, White Diamond Property, Makuru Avenue, Off Embu Avenue, Off Aminu, Wuse II, Abuja.

“SUCH FURTHER ORDER(S) as this Honourable Court docket could deem match to make within the circumstances of this ex-parte software.”

In the meantime, the discover said that the grounds upon which this software is introduced are that the Claimant/Applicant is a Authorized Practitioner, a Senior Advocate of Nigeria, a former Nationwide President of the Committee for the Defence of Human Rights, and a former President of the West African Bar Affiliation

The Defendant is a social media entertainer recognized on X app (previously Twitter) as @thatverydarkman and on Instagram app as @verydarkblackman.

It learn, “The Defendant printed a video on September 25, 2024, on his Instagram deal with @verydarkblackman the place he made unsolicited feedback, viz:

“In every thing and everybody that’s talked about right here, I will probably be disillusioned if actually FALZ and his father are concerned on this entire Bobrisky Difficulty…. Falzthebhadguy contacted Bobrisky….and contacted his father, Femi Falana spoke to Bobrisky with the intention to divert justice…..a complete Femi Falana… will have interaction himself in one thing like this?

“Alright, based mostly on this primary voice word…. Bobrisky is saying that Femi Falana collected N10 million with the intention to wipe his title off the file These are individuals I revered…. So, it’s also possible to be concerned in issues like these? I’ve misplaced 100% respect for these… For now, I take what Bobrisky mentioned as the reality…”

In his ruling, justice Dawodu-Choose mentioned, “The Applicant has a authorized proper to be protected against being defamed by the actions of the Defendant. Whether or not this motion will succeed can solely be decided throughout the listening to of the matter.

“There isn’t a doubt that the Applicant has a authorized proper to not be defamed and has proved the potential existence of a breach of similar by way of the depositions in his affidavit. See Akapo v. Hakeem- Habeeb [1992] 6 NWLR (Pt. 247) pg. 266.

“From the affidavit proof and the paperwork in assist thereof, it’s clear that there are substantial points to be tried on this matter; the stability of comfort appears to be in favor of the Applicant, and damages may not be satisfactory compensation, particularly moreso that the Defendant may not be in good monetary standing to compensate the Applicant if the Court docket finds in his favor.

“From the foregoing, this Court docket finds that the Applicant has glad the circumstances said in Adeleke v. Lawal (supra). See additionally Adeyemi Works Building (Nig.) Ltd. v. Omolehin [2004] 6 NWLR (Pt. 870) pg. 650; Orji v. Zaria Industries Ltd. [1992] 1 NWLR.”

Along with the order for Pre-emptive Treatment, the Applicant can also be searching for depart of Court docket to serve the Defendant with the Pre-Motion Bundles, Originating Processes and all different courtroom processes between events by substituted means by way of his lawyer Deji Adeyanju Esq of Deji Adeyanju & Companions at Terrace Block D4, White Diamond Property, Makuru Avenue, Off Embu Avenue, Off Aminu, Wuse II, Abuja.

It famous that the explanation why the Defendant (VeryDarkMan) must be served by way of his lawyer is as a result of he isn’t recognized to have any verifiable bodily deal with besides that he’s very energetic on social media platforms.

The Choose dominated,”The Defendant, his brokers, and privies are hereby restrained from additional releasing, publishing, or circulating any defamatory movies/feedback in regards to the Applicant and to convey down the defamatory video/feedback in regards to the Applicant printed on twenty fourth September, 2024 on all his on-line social media handles/pages pending compliance with the Pre-Motion Protocol of this Honourable Court docket.

“Depart is hereby granted to the Applicant to serve the Pre-Motion Bundles, Originating Processes, and all different courtroom processes between events herein on the Defendant by substituted means by way of his lawyer, Deji Adeyanju Esq. of Deji Adeyanju & Companions at Terrace Block D4, White Diamond Property, Makuru Avenue, Off Embu Avenue, Off Aminu, Wuse II. Abuja

“The Applicant should file and serve the Pre-action Bundles, Originating processes, and different accompanying processes on the Defendant inside 14 days from at present.”

“The order in 1 above shall lapse after 21 days from at present,” the choose added.

In September, SaharaReporters reported that VeryDarkMan leaked a video recording that purportedly reveals how cross-dresser Idris Okuneye, popularly referred to as Bobrisky, served his current jail time period exterior the jail facility.

In line with VeryDarkMan, Bobrisky bribed officers of the Financial and Monetary Crimes Fee with N15 million to drop cash laundering fees in opposition to him.

In the identical video, VeryDarkMan alleged that Bobrisky paid N10 million to Falz (Folarin Falana) and his father (Femi Falana) to intercede on his behalf for a presidential pardon.

Following these allegations, the EFCC has launched an investigation into claims that a few of its officers accepted N15 million from Bobrisky to dismiss the cash laundering fees in opposition to him.

The inquiry, directed by EFCC Chairman Ola Olukoyede, is available in mild of a viral audio recording through which Bobrisky, an ex-convict, made these allegations.

In the meantime, in a pre-action discover filed on September 30, 2024, Femi Falana (SAN), by way of his counsel, Olorunfemi Akinyemi, Esq., wrote to VeryDarkMan, requesting that he publish an apology to the claimant on all his social media handles/pages for the defamatory statements made within the video in query.

The discover additionally calls for a full retraction of the statements and the removing of all offensive movies from on-line platforms.

In line with Akinyemi, Mr Falana has been inundated with calls, messages and bodily visits from numerous people and company our bodies everywhere in the world who learn/considered or listened to your mendacious, reckless and offensive publication and expressed profound dismay and displeasure with the alleged misconduct within the publication they usually have all threatened to disassociate from him except he clears his title by way of a courtroom of regulation.

The discover mentioned, “Your motion was motivated by financial positive aspects that you’d derive from the reckless, inconsiderate and false publication of the offensive and libelous video and assertion whereas pretending to run a commentary on a purported unverified audio recording of a non-public one-sided cellphone narrative allegedly by a “Bobrisky”.

“We’ve got seen and skim your solicitor’s, Deji Adeyanju & Companions, response by way of a letter additionally dated September 25, 2024 posted on-line whereby you confirmed the publication of the defamatory video containing the offensive phrases however futilely tried to disclaim defaming our whom was described as “…a famend Senior Advocate of Nigeria and globally recognised human rights activist.”

“You’ve did not tender an unreserved apology and a full retraction of the defamatory video until date. Similar continues to be considered by your tens of millions of on-line followers and is trending everywhere in the world until this second.

“You recognize or ought fairly to know that the content material of the mentioned publication by you is fake, reckless and libelous.

“We place that our consumer contemplate litigation solely as a final resort and isn’t averse to an amicable decision through any different dispute decision technique you deem appropriate within the circumstance.

“We request that you simply publish an apology to the Claimant on all of your social media handles/pages for the defamatory phrases contained within the video complained of and a full retraction of similar, together with bringing all of the offensive movies down on-line.

“You restrain your on-line followers, brokers or servants or in any other case from additional publishing or inflicting to be printed the mentioned related phrases/movies defamatory to the Claimant.

“Cost of the sum of N500,000,000.00 (5 Hundred Million Naira solely) as damages for the defamation of character contained within the on-line publication of September 24, 2024.”