Social media personality, Martins Otse aka VeryDarkMan, has sought the permission of the Lagos State High Court to appeal the ruling delivered on October 14, 2024,in an alleged defamation suit.
The suit was filed by human rights lawyer Femi Falana (SAN) and his son, Folarin Falana aka Falz.
The duo asked the court to order VeryDarkMan to retract defamatory statements made against them in a recorded conversation involving popular cross-dresser Idris Okuneye, also known as Bobrisky, regarding financial assistance and legal intervention when Bobrisky was detained for naira abuse.
Justice M.O. Dawodu, in the ruling, directed VeryDarkMan, his agents, and associates to remove the defamatory video and comments about the Falanas, published on September 24, 2024, from all his social media handles and pages, pending compliance with the court’s pre-action protocol.
The court also restrained him from further releasing, publishing, or circulating any defamatory videos or comments about the Falanas.
However, VeryDarkMan, in two separate motions on notice obtained by The PUNCH on Monday, marked ID/8584/GCM/2024 (between him and Falz) and ID/8586/GCM/2024 (where Femi Falana is the sole respondent), sought an order from the court to extend the time to seek leave to appeal the court’s ruling.
In the motion, based on seven grounds and dated October 18, VeryDarkMan argued that “the court order was based solely on the respondent’s affidavit.”
Being an interlocutory order, the court’s permission to exercise his constitutional right to appeal is required.
He contended that while “it is at the court’s discretion to grant or refuse leave to appeal, such discretion should be exercised judicially and judiciously.”
He added that a refusal by the court would amount to a miscarriage of justice, as the case involves significant legal questions that merit further review.
In an affidavit deposed to by legal practitioner Oladimeji Joseph, he stated that he is aware of the court’s specific findings regarding VeryDarkMan’s inability to compensate the claimant if the judgment goes against him, and therefore seeks to appeal the court’s ruling.
