Bassey Inyang in Calabar
The Supreme Court judgement yesterday declared the throne of the Obong of Calabar, Edidem Ekpo Okon Abasi Otu V, vacant and ordered that a fresh election be conducted for the position
In a judgement written by Justice Amina Augi, and read by Justice Akomoye Agim, the Apex Court upheld the June 4, 2013, judgement of the Appeal Court, Calabar and ordered for a fresh election in accordance with the 2002 Constitution of the Palace, so as to guarantee justice and equity.
The Supreme Court also agreed with the Appeal Court judgement which declared that the plaintiff in the matter Etubom Anthony Ani (MON), was not qualified to participate as a candidate in the process of electing a new Obong of Calabar
The Supreme Court affirmed the judgement of the Appeal Court which had declared that Otu V was qualified to contest the election for the emergence of a substantive Obong of Calabar.
In the judgement delivered on June 4, 2013, Justice Garba Lawal (now a Justice of the Supreme Court), ordered that “the 1st Respondent (Etubom Ani) who admittedly was not capped/inducted into the Etuboms’ Council of the Palace of the Obong by the Obong at the time of the selection process of the Obong of Calabar, was not traditionally qualified and eligible to vote and be voted for as the Obong of Calabar under Exhibit 1/20.
“That the 1st Appellant (Abasi Otu) was traditionally qualified and eligible to vote and be voted for as the Obong of Calabar under Exhibit 1/20 at the time of the selection process.”
The Appeal Court had set aside the selection process that produced Etubom Ani as candidate, and also set aside the March 31 proclamation of Etubom Abasi Otu as Obong, ordered by the Etuboms’ Conclave of the Palace of the Obong of Calabar, whose mandate it is under Article 5(a) (ii) (iv) of Exhibit 1/20, to do so.
The Appeal Court had ordered the Etuboms’ Conclave “to conduct another process of selecting a new Obong of Calabar, in accordance with the provisions of Exhibit 1/20 and in strict compliance with the rules of natural justice.”
In the original suit filed by Etubom Ani’s lead counsel, Mr. Joe Agi, SAN, in the High Court of Cross River State, Calabar, the plaintiff had sued Etubom Ekpo Okon Abasi Otu, and others in their capacities as members of the Etuborns’ Traditional Council for jettisoning the screening process of the Western Calabar under the then Chairman, Etubom Abasi-Otu, (then Obong of Calabar), that had screened and selected Etubom Ani as their sole candidate.
Delivering judgement on the matter, Justice Obojor A. Ogar declared that “the presentation and or selection of the 4th defendant (Etubom Abasi Otu), who was Chairman of the Screening Committee for the selection of a candidate for the stool of Obong of Calabar, as a candidate for the Obong Of Calabar throne or purported selection of the 4th defendant as the Obong of Calabar elect is contrary to natural justice, equity and good conscience.
However, the Palace of the deposed Obong of Calabar was in festive mode yesterday, apparently, after getting feeler of the Supreme Court judgement that Otu V was qualified to participate in a fresh election.
They said Otu V would return as the supreme monarch of the Efik people after the election.
