A Lagos High Court has dismissed the preliminary objections filed by social media influencer Martins Vincent Otse, popularly known as VeryDarkMan (VDM), in a N1 billion defamation suit instituted against him by human rights lawyer Femi Falana, SAN, and his son, music artiste Folarin Falana, also known as Falz.
Delivering rulings on the objections, Justice F. A. Azeez held that the applications lacked merit and consequently awarded a total cost of N200,000 against VDM—N100,000 each in favour of Femi and Folarin Falana. The judge also directed the defendant to immediately file his defence in both suits.
The Falanas are seeking redress over a video published by VDM on his Instagram page (@verydarkblackman) on September 24, 2024. According to the claimants, the video was defamatory and injurious to their reputation, and they are each claiming N500 million in damages, bringing the total claim to N1 billion.
At the hearing, Femi Falana was represented by his lawyers, Ernest Olawanle and Femi Akinyemi, while his son, Folarin, was present in court. VDM was absent but represented by his counsel, Marvin Omorogbe.
In their suits, the claimants alleged that VDM made libellous, scandalous, and defamatory remarks targeting them in his video. They are asking the court to declare the publication as defamatory and to issue a perpetual injunction restraining the defendant, his agents, or any associates from making or distributing similar statements in the future.
They further requested an order compelling VDM to publish a public apology on all his social media platforms and in a national newspaper.
VDM, in response, had filed a preliminary objection seeking to dismiss the suits for lack of jurisdiction. He argued that the Lagos High Court did not have the authority to entertain the matter, claiming the alleged offences were committed outside its jurisdiction.
However, the claimants filed a counter-affidavit along with a written address, urging the court to reject the objection. Justice Azeez ruled in their favour, dismissed VDM’s application, and ordered him to respond to the substantive defamation claims.
The judge then adjourned the case for mention and to allow the defendant to file his statement of defence.
This development follows an earlier ruling by Justice Mathias Dawodu of another Lagos State High Court, who on April 15, 2025, struck out a related pre-emptive action filed by the claimants. Justice Dawodu held that the matter had become academic due to the pendency of the substantive defamation suit before Justice Azeez.
On October 14, 2024, the Falanas had secured an initial pre-emptive order, prompting them to file a substantive suit. VDM responded with another preliminary objection, alleging multiplicity of actions and seeking a stay of proceedings. However, Justice Dawodu ruled that the application had no legal basis, as the pre-emptive matter had expired and the real issue was already being pursued in a valid court.
In striking out the preliminary objection, Justice Dawodu stated, “The matter can no longer stand because it has no legs, and therefore, sustaining the matter amounts to a waste of precious judicial time.”
The legal battle continues as the case moves forward under Justice Azeez, with the defendant now mandated to respond formally to the allegations of defamation.
The matter was adjourned till August 8, 2025 to enable VDM file his defence.
