New Obong of Calabar on the way

New Obong of Calabar on the way

An order to select a new  Obong of Calabar in accordance with the customs and tradition of the people of the ancient kingdom has been issued by the Supreme Court.

It will be the first time in the history of the throne that an Obong of Calabar would be dethroned by the apex court .

The Supreme Court, which ruled on the matter, Friday, held that processes used in arriving at the choice of the Obong of Calabar, Édidem Ekpo Okon Abasi-Otu V were flawed.

But the country’s highest court however refused in reaching its conclusion to make a declarative pronouncement that would have named a new monarch.

Instead, the court decided that the monarch deposed after years of legal tussle will not be excluded from the list of persons from the royal family who are qualified to take a shot at  the throne.

Our judicial correspondent reports that the apex court in a decision written by Justice Amina Ahgid and delivered by Justice Akomaye Agim sided with an earlier ruling  by the Court of Appeal in Calabar.

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Facts Of The Case:

Joe Agi (SAN) had filed a suit on behalf of Etubom Anthony Ani and others in a suit filed a suit against Etubom Ekpo Okon Abasi Otu and others in their capacity as members of the Etuborns’ Traditional Council.

The plaintiffs accused the defendants of setting aside the outcome of the screening process that adopted Etubom Ani as the sole candidate for the throne..

Etubom Ani had gone to court as soon as  the Etuboms’ declared Etubom Abasi Otu as the Obong-elect.

This means that the action was brought even before kingmakers coronated the Obong.

On January 30, 2012, a High Court presided by Justice Obojor A. Ogar sacked Abasi Otu as the Obong of Calabar.

That order made in favour of Etubom Anthony Ani rejected a position of the Court of Appeal that gave legal relief to the deposed Obong.

Thereafter, the Obong and others challenged the High Court judgement at the Court of Appeal, Calabar.

The appellate court sacked Abasi Otu and ordered  fresh election to elect a new traditional ruler in line with existing customs and tradition.

While delivering judgment on June 4, 2013, the Lead Judge, Justice Garba Lawal, who is currently serving as a Justice of the Supreme Court ordered that  ” the 1st appellant, Abasi Otu” is 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.”

Accordingly, the Court of  Appeal 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.

It similarly ordered the council of Etuboms whose mandate it is under Article 5(a) (ii) (iv) of Exhibit 1/20 to handle such matters to proceed with a new selection process “in accordance with the provisions of Exhibit 1/20 and in strict compliance with the rules of natural justice.”

Mixed Reactions Greet Supreme Court Decision:

Across the country,  particularly in Cross River State, mixed reactions have greeted the removal of the Obong of Calabar by the Supreme Court.

In Calabar, where the impact of the decision is felt, some natives are indeed happy.

They say the dismissal of the processes which brought Abasi Otu to power as Obong by the Supreme Court has shown that the right thing was not done.

Others concerned by what is likely to happen say the decision by the court might reopen “old wounds” and probably lead to a titanic fight inside the Royal Family.

What is evident, from all indications, is the fact that kingmakers will start a painstaking process of choosing a substantive Obong that will be acceptable to the Efik.

We have learnt that a meeting of some Etuboms held at the Palace as soon as the ruling by the apex court became public.

It is possible that they gathered to consider possible options before them now that the throne is vacant.