The preliminary objection in the defamation claim filed by human rights lawyer Femi Falana (SAN) and his son, popular artist Folarin Falana, commonly known as Falz, against social media personality Vincent Otse, also known as VeryDarkMan, was dismissed by a Lagos State High Court in Ikeja on Tuesday.
Justice Mathias Dawoodu dismissed the suit upon finding that the main case was already pending in another court, making it unnecessary for him to continue the proceedings.
The Falanas and Otse were not present at the hearing. However, N.O. Alagbe, who appeared on behalf of lead counsel Marvin Omorogbe, informed the court that an application, filed on April 14, 2025, with an April 11, 2025 date, had been submitted to pause the proceedings until Justice Azeez delivers a ruling in a related matter.
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Justice Dawoodu remarked that the application was not presented before his court and questioned why he was being asked to address the issue when the main case was already pending in another court.
Omotayo Olatunbosun, counsel for the Falanas, told the court that despite receiving the application at 4:15 pm on Monday afternoon, the preliminary objection had been appropriately scheduled and was prepared for hearing.
He alleged that the defence was deliberately trying to delay the proceedings and referred to a Supreme Court judgment which affirmed that courts are not required to consider applications that are not formally before them.
He therefore appealed to the judge to go ahead with the day’s scheduled proceedings.
After hearing from both sides, Justice Dawoodu ruled that, given the circumstances, the fresh application from the defence—which was not before him—was reason enough not to proceed with the case.
“Consequently, this suit is hereby struck out,” the judge held.
The Falanas initiated a N1 billion defamation lawsuit against Otse, seeking N500 million each in compensation over a video he shared on his social media accounts.
Otse was said to have alleged in the video that Femi Falana asked for N10 million from well-known crossdresser Idris Okuneye, also called Bobrisky, in an attempt to influence the course of justice.
