Justice Matthias Dawodu of an Ikeja High Court yesterday fixed January 23, 2025 to hear a defamation suit filed against online activist, Vincent Otse (aka VeryDarkMan or VDM).
VDM is facing a defamatory charge which Lagos lawyer, Mr. Femi Falana (SAN), and his son, Folarin (aka Falz) filed against the activist.
Falana and Falz are demanding N500,000,000.00 each as damages for the defamation of character contained in an online publication VDM allegedly published against them on September 24.
When the case up in court yesterday, counsel to Falana and Falz, Mr. Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served same on the parties.
Banire also said a motion on notice was served on October 25 on the defence.
But Justice Dawodu said the originating process was not before the court.
Banire consequently prayed the court to adjourn the case to enable him file administrative processes in the court’s registry.
Counsel to VDM, Mr. Marvin Omorogbe, said it was clear that there was no valid writ of summons on the case before the court.
The lawyer argued that the writ filed by the claimants was invalid as it was not before the court.
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 asking for a date to hear our preliminary objection.”
Omorogbe urged the court to withdraw a motion, dated October 18, saying it was a move to appeal on the ground that the claimants had admitted there was an issue on the preemptive proceedings.
Banire did not object to the request of the defence.
Justice Dawodu granted Omorogbe’s request and struck out the motion.
The judge adjourned the case till January 23 for hearing of the preliminary objections.
