Controversial social media commentator Martins Otse, widely known as VeryDarkMan, has petitioned the Lagos State High Court for permission to appeal the ruling made by Justice M.O. Dawodu on October 14, 2024. This ruling favored human rights attorney Femi Falana (SAN) and his son, Folarin Falana, also known as Falz, in an alleged defamation lawsuit.
Falana and his son initiated legal action against VeryDarkMan, seeking a retraction of purportedly defamatory statements made in a recorded conversation with popular cross-dresser Idris Okuneye, known as Bobrisky. This conversation involved discussions about financial support and legal help when Bobrisky was detained for naira abuse.
In a letter dated September 26, 2024, signed by Taiwo Olawanle and shared on Falz’s Instagram page, Falana’s legal team confronted VeryDarkMan. The letter referred to a social media post in which VeryDarkMan claimed Falz was involved in efforts to obtain a presidential pardon for Bobrisky, who has faced legal issues. Court documents indicate that Bobrisky allegedly solicited legal advice and financial aid from Falz, asking for N3 million to bribe correctional officials for VIP treatment during his detention.
In the October 14 ruling, Justice Dawodu ordered VeryDarkMan, along with his agents and associates, to remove the defamatory video and comments regarding the Falanas that were published on September 24, 2024, pending compliance with the court’s pre-action protocol. The court also prohibited him from further releasing, publishing, or disseminating any defamatory content about the Falanas.
However, VeryDarkMan has filed two separate motions on notice, obtained by our correspondent on Monday, marked ID/8584/GCM/2024 (involving Falz) and ID/8586/GCM/2024 (where Femi Falana is the sole respondent). He seeks an order from the court to extend the timeline for requesting permission to appeal the ruling.
In the motion, dated October 18 and based on seven grounds, VeryDarkMan contends that “the court order was based solely on the respondent’s affidavit.” He argues that since this is an interlocutory order, he requires the court’s permission to exercise his constitutional right to appeal.
He asserts that while “the court has discretion to grant or deny leave to appeal, such discretion should be exercised judiciously and fairly.” He further emphasizes that denying his request would constitute a miscarriage of justice, as the case raises important legal questions deserving of further examination.
He stated, “Denying leave may lead to the enforcement of a decision that does not accurately apply the law, resulting in consequences detrimental to both the parties involved and the justice system as a whole. The appellate court’s function in clarifying and rectifying trial court rulings is crucial for upholding the integrity of the judicial process.”
In an affidavit submitted by attorney Oladimeji Joseph, he noted his awareness of the court’s findings regarding VeryDarkMan’s inability to compensate the claimant should the ruling be against him, which is why he seeks to appeal the court’s decision.
Joseph further stated, “I am aware that leave from this Honourable Court must be secured before the Defendant can appeal the ruling. The Defendant has 14 days from the ruling date to seek this court’s permission and file an appeal.” He urged the court to grant the applicant’s request.