Bobrisky: Court adjourns Falana’s suit against VDM
An Ikeja High Court on Thursday reserved 23 January to hear the alleged defamation suit filed against the controversial online activist, Vincent Otse, popularly called Very Dark Man (VDM).
VDM is facing a defamation suit filed against him by lawyer Femi Falana and his son, Folarin, also called Falz.
When the case was called on Thursday, the counsel to Messrs Falana and Falz, Muiz Banire, informed the court that the claimants had filed the originating process and served to the parties.
Mr. Banire also said a motion on notice was served on October 25, but Justice Matthias Dawodu said the originating process was not before the court.The claimant’s counsel, however, prayed the court to adjourn the case to enable him to file administrative processes.
“In this circumstance, my lord, the best thing to do is to adjourn the matter so that we can go back to the registry to file all the administrative processes,” Mr. Banire said.
In his response, counsel to VDM, Marvin Omorogbe, said it had been observed that there was no valid writ of summons before the court.
He, therefore, prayed the court to strike out the lawsuit.
Mr. Omorogbe said he did not know how the registry of the court would prepare any administrative process.
He said that the writ already filed was invalid as it was not before the court.
According to premium times, the writ bears the same suit number as the preemptive remedy proceedings.
He said, “Preemptive remedy proceedings end after an injunction is granted or refused.
“They have gone ahead to file a writ, using the same suit number as the preemptive remedy proceedings.
“And the court said no, that a fresh writ of summons with a new suit number needs to be filed.
“At this point, my lord, we will be seeking a date to hear our preliminary objection.”
Mr. Omorogbe further urged the court to withdraw a motion dated October 18.
He said the motion was a move to appeal on the ground that the claimants had admitted there was an issue in respect to the preemptive proceedings.
Justice Dawodu, however, struck out the motion, following no objections from the claimant’s counsel.
“I will give you a date for hearing because we are talking about a writ that is not before the court,” Mr. Dawodu said.The judge thereafter adjourned the case until 23 January 2025 for a hearing of the preliminary objections.
The News Agency of Nigeria (NAN) reports that the court also adjourned the sister case involving Falz and VDM on the same ground.
The court had on 14 October ordered VDM to bring down the alleged defamatory video that he made on 24 September against the Falanas.
The court made the order following an ex parte originating application filed by Mr. Falana and his son against VDM’s actions.
The court had ordered VDM to bring down an unverified audio recording of a one-sided narrative by a crossdresser, Bobrisky, alleging perversion of justice by Mr. Falana and his son.
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