An Ikeja High Court on Tuesday struck out the defamation suit filed against Instagram celebrity Martins Otse, popularly known as Verydarkblackman (VDM).
The suit was instituted by Senior Advocate of Nigeria and human rights lawyer, Femi Falana, and his son, Folarin Falana, also known as Falz, following an audio recording by cross-dresser Bobrisky which accused the Falanas of perverting justice.
The claimants had sought N500 million each in damages over a video posted by VDM on his social media platforms.
When the matter was called, neither the claimants nor the defendant were present in court. Counsel to the respondent, Mr. Niyi Alagbe, appearing on behalf of Mr. Marvin Omorogbe, informed the court that an application for stay of proceedings had been filed before Justice Fimisola Azeez.
Responding, counsel to the Falanas, Mr. Omotayo Olatunbosun, confirmed receipt of the application at about 4:15 p.m. on Monday but argued that the court should proceed with hearing the preliminary objection, which he said was ripe for determination. He described the new application as a tactic to delay proceedings.
Justice Matthias Dawodu, in his ruling, noted that the application was not before him and questioned why the case was brought to his court when the substantive matter was already before another judge.
He ruled that continuing with the case would amount to an academic exercise and struck out the suit.
“Consequently, this suit is hereby struck out,” Justice Dawodu declared.
