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Justice Matthias Dawodu of a Lagos High Court, Ikeja has restrained the controversial online activist, Vincent Otse, popularly known as Very Dark Man (VDM), from further releasing or publishing defamatory contents against a Senior Advocate of Nigeria, Mr Femi Falana, and his son, Folarin Falana, aka Falz.
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The judge also ordered VDM to bring down alleged defamatory video, which he made on September 24, 2024 against the Falanas.The court further ordered the service of originating summons against VDM through his lawyer, Mr Deji Adeyanju, within 14 days.
The judge made the order while ruling on an ex-parte originating application, dated October 9, 2024, filed by Folarin Falana (Falz) against Otse (VDM) over alleged “unverified audio recording of a one-sided narrative by cross dresser, Bobrisky” alleging perversion of justice by the family.
VDM allegedly circulated, published defamatory video on his social media handles, AKA@verydarkblackman, on Instagram and @thatverydarkmnn on X/Twitter
Falana in a suit, marked no ID/8584/GCM/2024, sought an order of court for an interim/pre-emptive remedy, restraining the defendant, his agents, privies and/or anybody from further circulating or publishing anything defamatory.
“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 of Deji Adeyanju & Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu Kano, Wuse II, Abuja.”
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He stated that the reason being that the defendant was not known to have any verifiable physical address except that he was very active on social media platforms.
In his ruling, the judge held that where personal service of an originating process is required by these rules and a judge was satisfied that prompt personal service could not be effected, the judge might upon application by the claimant make such order for substituted service as may be seen just, including service by electronic mails.
“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 judge ruled.
The judge further ordered the applicant to file and serve the pre-action bundles, originating processes, and other accompanying processes on the defendant. The judge also ordered that the defendant, his agents and privies were restrained from further releasing, publishing or circulating any defamatory videos, comments about the applicant.
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