ON October 15, 2024, many Nigerian media platforms reported that the Lagos State High Court has imposed a fine of N500 million on social media influencer, Martins Otse (a.k.a. VeryDarkMan), over defamatory posts and videos about prominent lawyer Femi Falana (SAN) and his son, Folarin Falana, also known as Falz.
The claim, earlier reported but now deleted or removed by many media platforms, still exists on other platforms such as News Central and various social media posts as seen here and here.
VeryDarkMan had posted on his Instagram page a leaked audio clip of Bobrisky, in which the cross-dresser allegedly implicated Falz and his father.
In the audio clip, 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.
Falana, during his appearance on Channels TV’s Politics Today, denied ever contacting or knowing Bobrisky. He also refuted the N10 million deal allegation, stating that he had secured pardons for numerous convicts without any charges.
He further indicated that he would not pursue criminal charges against VeryDarkMan based on his principle that free speech should never be criminalized 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 proceeded to sue VeryDarkMan via an ex-parte originating application on October 9, 2024. Ex-parte applications are heard by courts without the adverse parties and their lawyers.
In the ex parte application, heard by a judge on October 10, 2024, 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.
CLAIM
Court orders Martins Otse (a.k.a. VeryDarkMan) to pay N500 million over defamatory posts against Falana and his son.
THE FINDINGS
Findings by The FactCheckHub show that the claim is FALSE.
Following Falana’s suit, the Lagos State High Court ordered controversial social media influencer, Martins Otse, popularly called VeryDarkMan, to remove defamatory comments and videos concerning lawyer and human rights activist, Femi Falana (SAN) and his son, Folarin.
Justice M. O. Dawodu delivered the ruling in suit no: ID/8584/GCM/2024 on October 14, 2024. According to him, VeryDarkMan’s publications on his social media accounts on September 24, 2024, linking Bobrisky to Falz and his father were defamatory and injurious to their public image.
However, a review of the certified copy of the court ruling did not reveal anywhere that the court ordered the social media influencer to pay a sum of N500 million as a fine.
Part of the ruling read: “According to the applicants (Falz and Falana), the defendant (VeryDarkMan) knew these statements (Bobrisky’s claims) were false and untrue but proceeded to publish them to injure their reputation.
“Furthermore, the defamatory statements are still trending on the defendant (VeryDarkMan)’s several online platforms and the injury to their reputation continues as long as the publication remains online. The actions of the defendant (VeryDarkMan) have necessitated the applicants (Falz and Falana) to file this ex-parte application for pre-emptive remedies to prevent further acts of mischief that damages may not remedy, should the court find in favour of the applicants.
“The defendant, his agents, and privies are hereby restrained from further releasing, publishing, or circulating any defamatory videos or comments about the applicants and must remove the defamatory video or comments about the applicants published on September 24, 2024, on all his online social media handles/pages pending compliance with the Pre-Action Protocol of this honourable court.”
The FactCheckHub reports that no where in the court ruling was the VeryDarkMan asked to pay a fine of N500 million.
THE VERDICT
The claim that the court ordered Martins Otse (a.k.a. VeryDarkMan) to pay N500 million over defamatory posts against prominent lawyer Femi Falana (SAN) and his son, Folarin Falana, popularly called Falz, is FALSE; court document only shows that VeryDarkMan was ordered to remove the defamatory posts and stop circulating it.
This fact-check is republished from The FactCheckHub
Nurudeen Akewushola is an investigative reporter and fact-checker with The ICIR. He believes courageous in-depth investigative reporting is the key to social justice, accountability and good governance in society. You can reach him via nyahaya@icirnigeria.org and @NurudeenAkewus1 on Twitter.