-Deborah Akinyosoye
A Lagos High Court sItting in Ikeja has reserved January 23, 2025 to hear the alleged defamation suit filed against a blogger Vincent Otse alias VeryDarkMan, VDM by Mr. Femi Falana, SAN.
VDM is facing a defamatory suit filed against him by Mr. Falana (SAN), and his son, Folarin popularly known as FALZ.
At the mentioning of the case on Thursday, counsel to Falana and Falz, Dr. Muiz Banire (SAN), informed the court that the claimants had filed the originating process and served to the parties.
Banire also said a motion on notice was served on October 25, but Justice Matthias Dawodu said the originating process was not before the court.
Then, the claimants’ counsel prayed the court to adjourn the case to enable him file administrative processes.
“In this circumstance, my lord, the best thing to do is to adjourn the matter so that we can go back to the registry to file all the administrative processes,” he said.
In his response, counsel to VDM, Mr. Marvin Omorogbe said it had been observed that there was no valid writ of summon before the court.
Omorogbe prayed the court to strike out the lawsuit.
He said he did not know how the registry of the court would prepare any administrative process.
He believed the writ already filed was invalid as it was not before the court.
According to him, the writ bears the same suit number as the preemptive remedy proceedings.
Omorogbe said, “Preemptive remedy proceedings ends after injunction is granted or refused.
“They have gone ahead to file a writ, using the same suit number as the preemptive remedy proceedings.
“And the court said no, that a fresh writ of summons with a new suit number, needs to be filed.
“At this point my lord, we will be seeking for a date to hear our preliminary objection”.
He further urged the court to withdraw a motion dated October 18.
Omorogbe said the motion was a move to appeal on the ground that the claimants had admitted, there was an issue in respect to the preemptive proceedings.
Thereafter, Justice Dawodu struck out the motion following no objections from the claimants counsel.
“I will give you a date for hearing because we are talking about a writ that is not before the court,” Dawodu said.
The judge adjourned the case until January 23, 2025 for hearing of the preliminary objections.