Lagos High Court Orders Social Media Influencer, VeryDarkMan, to Remove Defamatory Content Against Femi Falana, SAN
A Lagos State High Court sitting in Ikeja has granted an interim order mandating popular social media influencer, Martins Otse, widely known as VeryDarkMan, to remove all defamatory content about human rights lawyer Femi Falana, SAN, from his social media platforms.
The ruling was delivered by Justice M. Dawodu in response to an ex-parte application filed by Falana, seeking a preemptive order restraining VeryDarkMan from further publishing any defamatory material against him.
Background of the Case
The case arose following a leaked video, allegedly made by Idris Okuneye, also known as Bobrisky, where remarks were made regarding Falana’s purported involvement in Bobrisky’s attempt to secure amnesty while in prison custody. In the video, VeryDarkMan made allegations about the role supposedly played by Falana, which sparked a significant public outcry.
In response, Falana, through his law firm, issued a formal demand for retraction from VeryDarkMan. When the demand was not met, Falana proceeded to file a libel suit at the Lagos State High Court, seeking both damages and a court order for the removal of the defamatory content from all social media platforms.
Court Orders Removal of Defamatory Content
In his ruling on the ex-parte application, Justice Dawodu ordered VeryDarkMan, his agents, and any associates to immediately remove the defamatory videos and comments published on September 24, 2024, across all social media platforms. Furthermore, the judge restrained VeryDarkMan from publishing any additional defamatory content regarding Falana pending the determination of the substantive suit.
Justice Dawodu emphasized the legal protection of Falana’s right to safeguard his reputation, noting that the court will determine the merit of the defamation claims during the hearing of the matter.
“The applicant has a legal right to be protected from being defamed by the actions of the defendant. Whether this action will succeed can only be determined during the hearing of the matter,” the judge stated.
The court further highlighted that there is substantial evidence indicating a possible breach of Falana’s rights through the defamatory content posted by VeryDarkMan. In addition, the balance of convenience appeared to favor Falana, and monetary compensation might not suffice, particularly as the financial standing of the defendant was uncertain.
Legal Grounds for the Order
Justice Dawodu, in his ruling, relied on the case of Adeleke v. Lawal, stating that the conditions for granting the preemptive order had been met by the applicant. He pointed out that the affidavit and documents submitted by Falana contained substantial issues to be addressed during the hearing of the main suit. Justice Dawodu emphasized that based on the evidence presented, Falana had established a strong case for potential defamation, thus justifying the need for an interim order.
“The applicant has shown through his affidavit and supporting documents that there are serious issues to be tried, and the balance of convenience tilts in favor of the applicant. Additionally, damages might not be an adequate remedy if the defamatory content continues to circulate, particularly given the possibility that the defendant may not be in a financial position to compensate the applicant should the case be decided in his favor,” Justice Dawodu stated.
The judge concluded by granting Falana’s request for substituted service of the court processes on VeryDarkMan through his lawyer, Deji Adeyanju, and ordered that the pre-action bundles and other originating processes be served within 14 days. The interim order will remain in force for 21 days from the date of the ruling, pending further compliance with the court’s pre-action protocol.
