Fiery human rights and constitutional lawyer, Mr. Joe Nwokedi has said that Mr. Martins Otse, otherwise known as VeryDarkMan (VDM), overstepped the bounds of his fundamental right to freedom of expression as contained in Section 39 of the 1999 Constitution (as amended) by accusing Mr. Femi Falana, SAN of complicity in a bribery allegation involving controversial crossdresser Idris Okuneye, popularly known as Bobrisky.

Nwokedi stated that while especially Section 39 of the Constitution guarantees all Nigerian citizens the right to freedom of expression, “such rights are not absolute. These freedoms are subject to certain limitations, particularly those outlined in Sections 24, 25, and 26 of the Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015, which regulate how these rights may be exercised.”

According to the vocal human rights activist, “these rights do not grant any citizen the unbridled liberty to speak recklessly, engage in character assassination, or make defamatory and disdainful statements intended to tarnish the reputation of individuals or groups. Such statements must be substantiated with adequate evidence or proof when challenged, especially in a court of law.

“Mr. Martins Otse (VDM), by making unverified allegations against Chief Femi Falana, SAN – a highly respected human rights activist and advocate for the people – demonstrated carelessness with words. This is particularly concerning given the gravity of making such accusations without proper verification. Unverified public statements can lead to litigation and are actionable under the law.

“In the case involving Mr. Otse, Chief Femi Falana, SAN, and his son, the accusations became the subject of legal proceedings. VDM faces the stiff burden of proving the authenticity and veracity of his claims regarding the alleged involvement of Chief Falana in issues concerning Bobrisky. His failure to substantiate these claims resulted in a judgment against him, awarding damages of Five Hundred Million Naira (₦500,000,000) for defamation. This sum now hangs over him unless the judgment is overturned on appeal, which is unlikely.”

Nwokedi advised social media enthusiasts and individuals seeking clout to exercise caution, as the fundamental right to free speech enshrined in the Constitution is not absolute.

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