Ikeja: An Ikeja High Court on Tuesday struck out the defamation suit filed against Instagram celebrity Martins Otse, also known as Verydarkblackman (VDM). A human rights lawyer, Mr. Femi Falana (SAN), and his son, Folarin, popularly known as Falz, had initiated the suit against VDM.
According to News Agency of Nigeria, the lawsuit stemmed from an audio recording made by a cross-dresser, Bobrisky, accusing Falana and his son of perversion of justice. The claimants were demanding N500 million each as damages over a video VDM posted on his social media platforms. When the case was called on Tuesday, neither Falana, his son, nor VDM were present in court.
However, counsel to the respondent, Mr. Niyi Alagbe, holding brief for Mr. Marvin Omorogbe, informed the court that he had earlier filed an application for stay of proceeding before Justice Fimisola Azeez. Counsel to the Falanas, Mr. Omotayo Olatunbosun, in his response, informed the court that he received the said application on Monday at about 4:15 p.m.
Olatunbosun argued that the matter of the day was the preliminary objection, which he said was ripe for hearing, and that the new application was meant to prolong matters. He urged the judge to proceed with the business of the day. Justice Matthias Dawodu noted that the application in question was not in the file and expressed confusion as to why he was being troubled with the case when the substantive suit was before another court.
Dawodu subsequently struck out the suit and remarked that insistence on proceeding with the suit would be an academic exercise since the substantive suit was before another judge. ‘Consequently, this suit is hereby struck out,’ he declared.