VDM v Falanas: Case Adjourned To Jan 25

VDM was sued for defamation by renowned lawyer, Femi Falana and his son, Folarin, popularly known as Falz.

When the case was summoned on Thursday, Muiz Banire, counsel for Messrs Falana and Falz, informed the court that the claimants had filed the originating procedure and served the parties.

Mr. Banire added that a notice motion was filed on October 25. However, according to Justice Matthias Dawodu, the court did not have the original procedure.

But in order to finish administrative procedures, the claimant’s attorney asked the court to postpone the case. “The best course of action in this situation, my lord, is to postpone the matter until we return to the registry to file all the administrative procedures,” Mr. Banire stated.

According to VDM’s attorney, Marvin Omorogbe, the court was not presented with a valid writ of summons. As a result, he asked the court to reject the lawsuit.

According to Mr. Omorogbe, he had no idea how the court registry would set up any administrative procedures.

He asserted that because the previously filed writ was not brought before the court, it was void.

“Preemptive remedy proceedings conclude once an injunction is granted or denied,” he stated. Using the same suit number as the preemptive remedy procedures, they have now filed a writ.”

“The court ruled that a new summons writ must be filed with a new suit number. “We will now be looking for a date to hear our preliminary objection, my lord.”

Additionally, Mr. Omorogbe requested that a motion from October 18th be withdrawn by the court.

He argued that the claimants had acknowledged there was a problem with the preemptive proceedings and clarified that the motion was an appeal request.

However, after hearing no objections from the claimant’s solicitors, Justice Dawodu denied the request. Since we are discussing a writ that is not yet before the court, Mr. Dawodu stated, “I will give you a date for hearing.”