The claimants are demanding N500 million each as damages over a video VDM posted on his social media platforms.
The News Agency of Nigeria (NAN) reports that 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 proceeding 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. (NAN
