An Ikeja High Court on Tuesday struck out the defamation suit filed against an Instagram celebrity Martins Otse, also known as Verydarkblackman (VDM).
A human rights lawyer, Mr Femi Falana, a Senior Advocate of Nigeria and his son, Folarin popularly known as Falz, had filed the defamation suit against VDM.
Falana filed the suit following comments made by VDM regarding an audio recording of convicted cross-dresser, Bobrisky, explaining how he allegedly lived in a flat outside prison and did not serve his full term.
VDM had allegedly accused Falana and his son of perversion of justice.
The claimants are demanding N500 million each as damages over a video VDM posted on his social media platforms.
When the case was called on Tuesday, Falana, his son and VDM were absent in court.
However, counsel to the respondent, Mr Niyi Alagbe, holding brief for Mr Marvin Omorogbe, informed the court that he had earlier filed an application for stay of proceedings before Justice Fimisola Azeez.
Counsel to the Falanas, Mr Omotayo Olatunbosun, in his response, informed the court that he received the said application on Monday about 4.15 p.m.
Olatunbosun argued that the matter of the day was the preliminary objection, which he said was ripe for hearing and that the new application was meant to prolong matters.
Olatunbosun urged the judge to proceed with the business of the day.
Justice Matthias Dawodu said the application in question was not in the file and wondered why he was being troubled with the case when the substantive suit was before another court.
Dawodu struck out the suit and held that insistence on going ahead with the suit would be an academic exercise since the substantive suit was before another judge.
“Consequently, this suit is hereby struck out,” he said.
