An Ikeja High Court on Thursday fixed till Feb. 19 to hear a preliminary objection filed by Martins Otse also known as VeryDarkMan (VDM), challenging a defamation suit against him.
A human rights lawyer, Mr Femi Falana (SAN) and his son, Folarin, popularly known as Falz, filed the defamatory suit against VDM.
Falana filed the suit following an audio recording of a one sided narrative by a cross dresser, Bobrisky, alleging perversion of justice by Falana and son.
However, VDM, through his counsel, Mr Marvin Omorogbe, filed a preliminary objection challenging the competence of the suit and the jurisdiction of the court.
When the case was called on Thursday, the defendant’s counsel informed the court that the plaintiffs had filed a counter-affidavit against his preliminary objection.
He said the counter affidavit was made available to him on Wednesday.
Omorogbe, therefore, requested for more time to respond to the counter-affidavit.
The plaintiffs’ counsel, Mr Omotade Omotunbosun, did not object to the application for adjournment.
Following the development, the Judge, Justice Matthias Dawodu adjourned the case until Feb. 19 for hearing.
In the preliminary application, VDM, through his counsel, argued that by the provisions of Order 4 Rule 1(4) of the High Court of Lagos State (Civil Procedure) Rules, 2019, the court did not have the territorial jurisdiction to entertain the suit.
According to Omorogbe, VDM is domiciled and carries on his business in Abuja, outside the jurisdiction of the court.
He also submitted that the alleged defamatory publication was made in Abuja.
He, therefore, urged the court to strike out the suit.
The News Agency of Nigeria (NAN) reports that at the last proceeding, on Nov. 14, 2024, the court adjourned until Jan. 23, to hear the alleged defamation suit against VDM.
On that date, counsel to Falana and Falz, Mr Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served to the parties.
Banire also mentioned that a motion on notice was served on Oct. 25, 2024, but the court said the originating process was not before it.
The claimant’s counsel, however, prayed the court to adjourn the case to enable him file an administrative process.
Omorogbe, in his response, urged the court to strike out the suit, arguing that there was no valid writ of summon before it.
He argued that the writ already filed was invalid as it was not before the court.
NAN also reports that the court had on Oct. 14, 2024, ordered VDM to bring down the alleged defamatory video on his social platform which he made on Sept. 24, 2024 against the plaintiffs.
The court made the order following an ex parte originating application filed by Falana and his son against the actions of VDM. (NAN)
