The Federal High Court in Lagos has given an interim injunction preventing Martins Vincent Otse, also known as VeryDarkMan, from releasing any additional defamatory information concerning famous human rights lawyer Femi Falana (SAN).
The court ordered Verydarkman, his agents, and any accomplices to delete the defamatory videos and statements uploaded on September 24, 2024, from all of his social media channels.
Justice M.O. Dawodu granted the order on Monday, subject to Otse’s compliance with the court’s Pre-Action Protocol.
Falana filed a complaint against VeryDarkMan under case number ID/8586GCM/2024, which prompted the decision.
However, in the verdict, Justice Dawodu granted the applicant’s pleas for the following reliefs:
“AN ORDER of interim/pre-emptive remedy by this Honourable Court restraining the Defendant, his agents, privies, and/or anyone from further circulating or publishing any defamatory videos/comments about the Applicant, and to remove the defamatory videos/comments published on 24th September 2024, from all his online social media handles/pages, pending compliance with the Pre-Action Protocol of this Honourable Court.
“AN ORDER granting leave to the Applicant to serve the Pre-Action Bundles, Originating Processes and all other court processes between parties herein on the Defendant by substituted means through his lawyer Deji Adeyanju Esq. of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II, Abuja.
“SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances of this ex-parte application.”
In his ruling, Justice Dawodu-Judge said, “The Applicant has a legal right to be protected from being defamed by the actions of the Defendant. Whether this action will succeed can only be determined during the hearing of the matter.
“There is no doubt that the Applicant has a legal right not to be defamed and has proved the possible existence of a breach of same through the depositions in his affidavit. See Akapo v. Hakeem- Habeeb [1992] 6 NWLR (Pt. 247) pg. 266.
“From the affidavit evidence and the documents in support thereof, it is clear that there are substantial issues to be tried in this matter; the balance of convenience seems to be in favour of the Applicant, and damages might not be adequate compensation, especially moreso that the Defendant might not be in good financial standing to compensate the Applicant if the Court finds in his favour.
“From the foregoing, this Court finds that the Applicant has satisfied the conditions stated in Adeleke v. Lawal (supra). See also Adeyemi Works Construction (Nig.) Ltd. v. Omolehin [2004] 6 NWLR (Pt. 870) pg. 650; Orji v. Zaria Industries Ltd. [1992] 1 NWLR.”
In addition to the Pre-emptive Remedy Order, the Applicant is requesting permission from the Court to serve the Defendant with the Pre-Action Bundles, Originating Processes, and all other court processes between the parties by substituted means through his lawyer, Deji Adeyanju Esq of Deji Adeyanju & Partners, at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II, Abuja.
It was stated that the Defendant (VeryDarkMan) should be served through his lawyer because he does not have a verified physical address and is quite active on social media sites.
The Judge ruled,” The Defendant, his agents, and privies are hereby restrained from further releasing, publishing, or circulating any defamatory videos/comments about the Applicant and to bring down the defamatory video/comments about the Applicant published on 24th September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this Honourable Court.
“Leave is hereby granted to the Applicant to serve the Pre-Action Bundles, Originating Processes, and all other court processes between parties herein on the Defendant by substituted means through his lawyer, Deji Adeyanju Esq. of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse II. Abuja
“The Applicant must file and serve the Pre-action Bundles, Originating processes, and other accompanying processes on the Defendant within 14 days from today.”
The order in 1 above shall lapse after 21 days from today,” the judge added.
