VDM Appeals Court Ruling in Falana, Falz Defamation Case

Martins Otse, also known as Verydarkman, has applied to the Lagos High Court for leave to appeal Justice Matthias Dawodu’s ruling on October 14, 2024, which ordered the removal of a defamatory video and comments made against Senior Advocate of Nigeria Femi Falana and his son Folarin, also known as Falz.
The defamatory accusations were made against them in a recorded discussion, alleging that they received N10 million from popular crossdresser Idris Okuneye, commonly known as Bobrisky, in order to pervert the course of justice.

In that decision, Justice Dawodu had also prohibited the self-proclaimed social media police from future releasing, posting

or disseminating any defamatory films and comments against the older lawyer and his son on all of his online social media accounts and pages while the duo’s lawsuit is pending hearing.

Verydarkman filed two different motions on notice before the court, requesting an order to extend the time to seek leave to appeal the court’s decision.
In the motion, based on seven reasons and dated October 18, VeryDarkMan contended that “the court order was based solely on the respondent’s affidavit” and that as an interlocutory decision, the court’s authorization to exercise his constitutional right to appeal was required.

He argued that because “it is at the court’s discretion to grant or refuse leave to appeal, such discretion should be exercised judicially and judiciously.”

He further argued that a refusal by the court would be a miscarriage of justice because the case raises serious legal issues that require additional study.

He remarked, “A refusal to grant leave may result in the enforcement of a decision that does not reflect a proper application of the law, leading to outcomes that may be detrimental not only to the parties involved but also to the administration of justice as a whole.”

“The appellate court’s role in clarifying and, where necessary, correcting trial court decisions is vital in maintaining the integrity of the judicial system.”

Oladimeji Joseph, a legal practitioner who attested to an affidavit in favor of the application, indicated that he is aware of the court’s precise conclusions regarding VeryDarkMan’s incapacity to reimburse the claimant if the verdict is reversed, and hence intends to appeal the court’s decision.

Joseph said, “I know for a fact that leave from this Honourable Court is required before the Defendant can appeal the verdict.

“The Defendant has 14 days from the date of the ruling within which he must seek the leave of this Honourable Court and file an appeal.”

He asked the court to grant the applicant’s request.