Justice Matthias Dawodu of the Lagos State High Court, yesterday fixed February 19 for a hearing of the defamation suit filed by human rights lawyer, Femi Falana (SAN) and his son Folarin, popularly known as Falz, against Martins Otse also known as Verydarkblackman (VDM)

Justice Dawodu fixed the date to hear the preliminary objection filed by Otse (Verydarkblackman’s) counsel,

Mr Marvin Omorogbe, challenging the suit’s competence and the court’s jurisdiction to hear the case.

Falana and his son had dragged Otse before the court over alleged defamation of character and demanding N500 million each as damages.

The respondent, Otse was accused of posting a defamation video he posted on his social media platforms, alleging that they collected N10 million from Idris Okuneye, a.k.a Bobrisky, to pervert the cause of justice.

However, Justice Dawodu had on October 14, 2024, the respondent (Otse) to bring down the defamatory video and comments he allegedly made against the claimant, the Falana.

The judge had also ordered the social media influencer to stop further releasing, publishing or circulating any defamatory videos and comments against the senior lawyer and his son on all his online social media handles and pages pending the hearing of a suit filed by the claimant.

The judge had also ordered that all the processes filed in the matter be served on Otse lawyer, Mr. Deji Adeyanju.

However, when the case came up for hearing, Omorogbe told the court that he was served with a copy of the counter affidavit filed by the plaintiffs against his preliminary objection and he needed time to respond to his.

Also, the plaintiffs counsel, Omotade Omotunbosun, did not object to the application for adjournment.

Following the development, Justice Dawodu adjourned the matter to February 19 for a hearing.

In his application, Otse said by the provisions of Order 4 Rule 1(4) of High Court of Lagos State (Civil Procedure) Rules, 2019, the court does not have the territorial jurisdiction to entertain this suit.

Omorogbe also submitted that the defendant is domiciled and carries on business in Abuja, outside the jurisdiction of the court, and that the alleged defamatory publication was made in Abuja.

He also claimed that the claimants deliberately filed the suit before the court as a way of forum shopping in the hope that they would get a favourable judgment.

In their suits, the father and son averred that the defendants knew all his comments were inaccurate and not verified. Yet, he proceeded to publish the same to injure their reputation recklessly.

They also stated that the alleged defamatory publication is still trending in the defendant’s online handles and pages. The injury to their reputation continues as long as the publication remains online.