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‘No Legs to Stand On’: VDM’s Court Challenge Crumbles as Falana Suit Advances

The Lagos High Court sitting in Ikeja has dismissed preliminary objections filed by social media influencer Martins Vincent Otse, popularly known as VeryDarkMan (VDM), in response to a ₦1 billion defamation suit brought against him by human rights lawyer Femi Falana (SAN) and his son, musician Folarin Falana, popularly known as Falz.

Justice Fimisola Azeez held that the objections lacked merit and awarded ₦200,000 in costs against the defendant—₦100,000 each in favour of the elder and younger Falana. The court also ordered the defendant to file his defence in both suits without delay.

The Falanas are suing over a video posted on VDM’s Instagram page (@verydarkblackman) on 24 September 2024, which they allege was defamatory and damaging to their reputation. Each claimant is seeking ₦500 million in damages.

At the hearing, Femi Falana was represented by lawyers Ernest Olawanle and Femi Akinyemi. Folarin was present in court. VDM was absent but represented by his counsel, Marvin Omorogbe.

The claimants allege that the video contained libellous, scandalous, and defamatory content and are asking the court to declare it so. They are also seeking a perpetual injunction restraining the defendant and his associates from making similar statements, alongside a public apology to be published on social media and in a national newspaper.

VDM had challenged the court’s jurisdiction, arguing that the alleged offence did not occur within its geographical remit. However, the Falanas filed a counter-affidavit and written address urging the court to dismiss the objection.

Justice Azeez ruled in their favour and adjourned the matter to 8 July to allow the defendant to respond to the main defamation claims.

This follows an earlier ruling by Justice Mathias Dawodu of another Lagos High Court, who on 15 April 2025 struck out a related pre-emptive action filed by the Falanas. He ruled the application had become academic given the ongoing substantive suit before Justice Azeez.

VDM had filed multiple objections, citing duplication of suits and seeking a stay of proceedings. However, Justice Dawodu found no legal basis for the action, stating: “The matter can no longer stand because it has no legs, and sustaining it would amount to a waste of precious judicial time.”

The case now proceeds before Justice Azeez, with the defendant mandated to respond formally to the defamation allegations.

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