…Orders Takedown of Defamatory Social Media Posts
The Lagos State High Court has issued an order restraining Martins Otse, a social media critic popularly known as VeryDarkMan, from circulating defamatory videos and comments about renowned human rights lawyer Femi Falana (SAN) and his son, Folarin Falana, also known as Falz.
In a ruling delivered on Monday by Justice M. O. Dawodu in suit no: ID/8584/GCM/2024, the court directed VeryDarkMan to remove the defamatory posts made on 24th September 2024 from all his social media platforms.
The judge stated that the publications, which linked crossdresser Bobrisky (Idris Okuneye) to Falana and Falz, were false and damaging to their reputations.
“The defendant knew these statements (Bobrisky’s claims) were false but proceeded to publish them to injure the applicants’ (Falana and Falz) reputation,” Justice Dawodu noted in the Certified True Copy of the ruling.
The court further ruled that “the defendant, his agents, and privies are hereby restrained from further releasing, publishing, or circulating any defamatory videos or comments about the applicants.”
The judge ordered that the defamatory content must be removed from VeryDarkMan’s social media pages pending compliance with the court’s pre-action protocol.
Falz had earlier demanded a retraction of the defamatory claims, which suggested that he and his father tried to secure a presidential pardon for Bobrisky, who was allegedly serving a sentence for naira abuse.
The controversial audio recording shared by VeryDarkMan claimed that Falana and Falz had offered legal intervention and financial assistance to Bobrisky in exchange for N10 million. Bobrisky, however, denied the allegations and threatened to sue VeryDarkMan for defamation.
Justice Dawodu emphasised that the applicants have a legal right to protect their reputation from harm.
“There is no doubt that the purpose of filing this application is to preserve the res from irreversible destruction or damage before the matter is properly filed before the court, the judge stated. “The res, in this case, is the reputation of the applicant as stated in the affidavit in support of this application.”
The judge also noted that VeryDarkMan’s actions could cause “irreversible damage” to the applicants’ public image if the defamatory content is not removed.
“The applicant has proven the possible existence of a breach of their legal right not to be defamed,” the court held.
The ruling further stated, “Damages might not be adequate compensation, especially since the defendant might not be in good financial standing to compensate the applicants if the court finds in their favour.”
The court granted the applicants leave to serve legal documents on the defendant through substituted means via his lawyer, Deji Adeyanju, Esq., of Deji Adeyanju & Partners.
The interim order will be in effect for 21 days, pending further compliance with the pre-action protocol.
Justice Dawodu stressed that the order is a preventive measure to preserve the applicants’ reputation until the case is fully heard in court.
Falz and his father have maintained their intention to pursue the matter further if the defamatory statements are not retracted.
- Nigeria’s VAT Revenue Hits Record N1.78 Trillion in Q3 2024 - December 9, 2024
- Tinubu Government Fixes February 2025 for National Youth Conference - December 8, 2024
- Amnesty Says Girls Abused by Boko Face Stigma, Military Neglect - December 6, 2024