The blogger submitted that a refusal by the court would amount to a miscarriage of justice, as the case involves significant legal questions.
A social media influencer Martins Otse, also known as Verydarkman has applied to the Lagos High Court for leave to appeal the ruling delivered by Justice Matthias Dawodu on October 14, 2024, asking him to bring down the defamatory video and comments against Senior Advocate of Nigeria Femi Falana and his son Folarin, popularly known as Falz.
The defamatory statements were made against them in a recorded conversation which alleged that they collected N10 million from the popular crossdresser, Idris Okuneye, also known as Bobrisky, to pervert the cause of justice.
In that ruling, Justice Dawodu had also restrained the self-acclaimed social media police from further releasing, publishing, or circulating any defamatory videos and comments against the senior lawyer and his son on all his online social media handles and pages pending the hearing of a suit filed by the duo.
In two separate motions on notice filed before the court, Verydarkman sought an order from the court to extend the time to seek leave to appeal the court’s ruling.
In the motion, based on seven grounds and dated October 18, VeryDarkMan argued that “the court order was based solely on the respondent’s affidavit” and being an interlocutory order, the court’s permission to exercise his constitutional right to appeal is required.
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.
