An Ikeja High Court on Thursday fixed 19 February to hear a preliminary objection filed by Martins Otse, also known as Verydarkblackman (VDM), challenging a defamation suit against him.
A human rights lawyer, Femi Falana (SAN) and his son, Folarin, known as Falz, filed the defamatory suit against VDM.
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Mr Falana filed the suit following an audio recording of a one-sided narrative by a cross-dresser, Bobrisky, alleging perversion of justice by Mr Falana and his son.
However, VDM, through his counsel, Marvin Omorogbe, filed a preliminary objection challenging the suit’s competence and the court’s jurisdiction.
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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.
Mr Omorogbe, therefore, requested more time to respond to the counter-affidavit.
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The plaintiffs’ counsel, Omotade Omotunbosun, did not object to the application for adjournment.
Following this development, Justice Matthias Dawodu adjourned the case until 19 February for a 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 Mr Omorogbe, VDM is domiciled and operates outside the court’s jurisdiction in Abuja.
He also submitted that the alleged defamatory publication was made in Abuja.
READ ALSO: Court fixes date for hearing of VDM, Falana’s defamatory suit
He, therefore, urged the court to strike out the suit.
Backstory
The News Agency of Nigeria (NAN) reports that in the last proceeding, on 14 November 2024, the court adjourned until 23 January to hear the alleged defamation suit against VDM.
On that date, counsel to Falana and Falz, Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served to the parties.
Mr Banire also mentioned that a motion on notice was served on 25 October, 2024, but the court said the originating process was not before it.
However, the claimant’s counsel prayed the court to adjourn the case so that he could file an administrative process.
Mr 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 14 October, 2024, ordered VDM to bring down the alleged defamatory video on his social platform which he made on 24 September, 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)
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