An Ikeja High Court on Thursday reserved Jan. 23, to hear the alleged defamation suit filed against the controversial online activist, Vincent Otse, popularly called Very Dark Man, VDM.
VDM is facing a defamatory suit filed against him by Femi Falana, SAN, and his son, Folarin, also called Falz.
When the case was called on Thursday, counsel to Falana and Falz, Muiz Banire (SAN), 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 Oct. 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 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 summon 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 opined that the writ already filed was invalid as it was not before the court.
According to him, the writ bears the same suit number as the preemptive remedy proceedings.
He said, “Preemptive remedy proceedings ends after 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 for a date to hear our preliminary objection”.
Mr Omorogbe further urged the court to withdraw a motion dated Oct. 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 claimants 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 Jan.23, 2025 for 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 Oct. 14 ordered VDM to bring down the alleged defamatory video which he made on Sept. 24 against the Falanas.
The court had made the order following an ex parte originating application filed by Falana and his son against the actions of VDM.
The court had ordered VDM to bring down an unverified audio recording of a one sided narrative by a cross dresser, Bobrisky, alleging perversion of justice by Falana and son.
NAN
