Social media influencer Martins Otse, known as Verydarkman, has petitioned the Lagos High Court for permission to appeal the ruling issued by Justice Matthias Dawodu on October 14, 2024.
The ruling ordered Otse to remove allegedly defamatory content targeting Senior Advocate of Nigeria, Femi Falana, and his son, popular musician Folarin Falana (Falz).
The allegations in question were made in a recorded conversation, where Otse accused the Falanas of accepting a sum of N10 million from crossdresser Idris Okuneye (Bobrisky) to obstruct justice.
Justice Dawodu’s ruling also prohibited Otse from further sharing, publishing, or circulating any defamatory material about Femi and Folarin Falana on social media platforms, pending the outcome of the lawsuit filed by the Falanas.
Otse has now filed two motions, seeking an extension of time to appeal the ruling. In his application, dated October 18, Otse argues on seven grounds, including that the ruling was made solely on the respondent’s affidavit.
As it is an interlocutory order, he asserts that court approval is required for him to pursue his constitutional right to appeal.
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 also submitted that a refusal by the court would amount to a miscarriage of justice, as the case involves significant legal questions that merit further review.
He stated, “A refusal to grant leave may result in the enforcement of a decision that does not reflect a correct application of the law, leading to outcomes that may be detrimental not only to the parties involved but also to the administration of justice as a whole.
“The appellate court’s role in clarifying and, where necessary, correcting trial court decisions is vital in maintaining the integrity of the judicial system.”
A legal practitioner, Oladimeji Joseph who deposed to an affidavit in support of the motion, 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.
Joseph further stated, “I know for a fact that leave from this Honourable Court must be obtained before the Defendant can appeal against the ruling.
“The Defendant has 14 days from the date of the ruling within which he must seek the leave of this Honourable Court and file an appeal.”
He urged the court to grant the applicant’s request.