The judge issued the order on Monday in a ruling on Mr Falana's preliminary application for pre-emptive actions to restrain VeryDarkMan from further defaming him and his son.
The Lagos State High Court has ordered social media influencer Martins Otse, widely known as VeryDarkMan (VDM), to delete defamatory comments and videos he made in September about human rights lawyer Femi Falana and his son, singer Falz.
The judge issued the order on Monday in a ruling on Mr Falana's preliminary application for pre-emptive actions to restrain VeryDarkMan from further defaming him and his son.
In September, PREMIUM TIMES reported that VeryDarkMan posted on his Instagram page a leaked audio clip of Bobrisky, in which the crossdresser implicated Falz and his father.
Bobrisky, whose real name is Idris Okuneye, alleged that while he was imprisoned at the Kirikiri Correctional Centre, Falz and his father contacted him to facilitate a "presidential pardon" for a fee of N10 million.
However, in October, this newspaper reported that Mr Falana, during his appearance on Channels TV's Politics Today, denied ever contacting or knowing Bobrisky.
The 66-year-old also refuted the N10 million deal allegation, saying that he had secured pardons for numerous convicts without any charges.
The Ekiti-born further stated that he would not pursue criminal charges against VeryDarkMan based on his principle that free speech should never be criminalised, but initiated civil proceedings to restore his and his son's integrity and reputation.
He noted that he had requested an apology and retraction from VeryDarkMan, which the influencer failed to provide.
The senior advocate then went ahead to sue VeryDarkMan via an ex parte originating application on 9 October. Ex-parte applications are heard by courts in the absence of the adverse parties and their lawyers.
In the ex parte application, heard by the judge on 10 October, Mr Falana sought various preemptive orders against VeryDarkMan ahead of the hearing of the substantive suit. He also sought an order to serve VeryDarkMan through substituted means by serving the suit on his lawyer.
Court ruling
In his ruling delivered on Monday, the judge, M.O. Dawodu, granted Mr Falana's prayers for preemptive orders and service through substituted means.
The judge directed VeryDarkMan to delete and stop publishing or circulating the defamatory video/comments first published on 24 September via his social media handles and pages against Mr Falana and Falz.
"I hereby make the following orders, the Defendant, his agents, and privies are hereby restrained from further releasing, publishing, or circulating any defamatory video/comments about the applicant and to bring down the defamatory video/comments about the applicant published on 24 September 2024 on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this honourable court," the judge ruled.
The ruling being a forerunner to the hearing of the substantive suit, the judge ruled that the preemptive orders would lapse within 21 days.
Setting the stage for the hearing of the substantive suit, the judge granted Mr Falana's request to serve VeryDarkMan with a pre-action bundle, the originating processes, and all other court documents through an alternative means.
The judge waived personal service of the suit on VeryDarkMan due to his unavailability at his home address. The judge gave Mr Falana permission to serve him the suit with all necessary documents and filing through his lawyer, Deji Adeyanju.
A pre-action bundle is a collection of documents and information exchanged between parties before formal legal proceedings are initiated. Its purpose is to encourage settlement and clarify issues, potentially avoiding the need for court intervention.
The ruling partly read: "In addition to the order for pre-emptive remedy, the applicant is also seeking leave of court to serve the defendant with the pre-action bundles, originating processes and all other court processes between parties substituted means through his lawyer Deji Adeyanju Esq. of Deji Adeyanju and Partners at Terrace Block D4, White Diamond Estate, Makuru Street, Off Embu Street, Off Aminu, Wuse Il, Abuja.
"The reason is that the defendant is not known to have any verifiable physical address except that he is very active on social media platforms."
The ruling continued, "In compliance with the above provision, the applicant has stated in his affidavit in support that it will be impossible to personally serve the defendant as he is not known to have any verifiable physical address. However, he believes that the defendant would know about this matter if served by substituted means through his lawyer.
"This Court agrees with the submission of the Applicant's Counsel as the purpose of substituted service is to the defendant's attention that there is a case against him in Court."
Denial and fallouts
In September, this newspaper reported that VeryDarkMan's lawyer denied that his client defamed Mr Falana, emphasising that the social media influencer held Mr Falana in high regard.
He stated that VeryDarkMan merely questioned the legitimacy of Bobrisky's claims made in the leaked audio.
This newspaper reported that Mr Falana told Sahara Reporters in an interview that supporters and well-wishers of VeryDarkMan threatened to burn down his office and kill his daughter if he pursued legal action against the influencer.
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He described those who made the threats as mentally unstable individuals. Mr Falana, who went ahead to file the legal action, said the people underestimated his determination and were oblivious of his track record of fighting against formidable military leaders in Africa.
Bobrisky saga
This newspaper reported that these allegations ignited a vigorous public debate, resulting in a series of investigations by the Economic and Financial Crimes Commission (EFCC), whose agents allegedly received bribes to drop money laundering charges against Bobrisky, and the Nigerian Correctional Service (NCoS), which allegedly received bribes from him to keep him a VIP custody instead of the regular prison. The House of Representatives also commenced a hearing into the allegations.
In April, this newspaper reported that the EFCC arrested Bobrisky on six counts of money laundering and Naira mutilation.
During his trial at the Federal High Court in Lagos, the judge, Abimbola Awogboro, dismissed the money laundering charges (counts five and six) following EFCC's request to drop them but sentenced Bobrisky to six months in prison for Naira abuse.
The judge imposed a six-month prison term without the option of a fine, stating that the crossdresser's sentence would serve as a deterrent to others who mutilate the Naira.
Bobrisky began his jail term on 24 March and was released from Kirikiri Correctional Centre on 5 August after serving his full sentence.
