ObongThe Appeal Court sitting in Calabar Thursday set aside the March 31, 2008 selection and proclamation of  Etubom Ekpo Okon  Abasi Otu as the Obong of Calabar.
The court gave the ruling in a lead judgement by Justice Mohammed Lawal Garba assisted by Justices Uzo Ndukwe-Anyawu and Onyekachi Otisi.

The appeal court also upheld an earlier judgement of the lower court that due process was not followed and the selection of the incumbent was null and void.

It also ordered for a new selection process for the enthronement of the Obong of Calabar.

“The selection and proclamation of the 6th respondent as the Obong-elect of Calabar by the Etubom Conclave of the Palace of the Obong on 31st march, 2008 is hereby set aside,

“The conclave is hereby ordered to conduct another process of selecting a new Obong of Calabar in which all qualified candidates including the 6th respondent will be given the opportunity to participate,’’ Garba stated.

According to the court the process of selecting a new Obong of Calabar should be done “in strict compliance with the rules of natural justice’’.

It will be recalled that a Calabar High Cout Judge, Justice Obojor Ogar, had in suit, HC/102/2008 on Jan. 30, 2012, brought by Etubom Anthony Ani, restrained Otu from participating in the selection process.

The lower court also declared the process that brought the Obong to the throne as null and void and restrained Otu from participating in any selection for that purpose.

Justice Ogar specifically restrained the Otu from parading himself as the Obong of Calabar until proper election was done.

The judge also restrained the Etubom Traditional Council from excluding Etubom Anthony Ani and Mbiabo Ikoneto from any election or selection of an Obong.

In an a 94- page judgement that lasting for about 45 minutes Thursday , Justice Garba said that Ani said Ani’s right to fair hearing was bridged during the selection process conducted by the appellants,

“For the breach of principles of natural justice and the first respondent’s (Etubom Anthony Ani) right to fair hearing, the selection process conducted by the appellants which culminated in the selection and proclamation of the 6th respondent (Otu) by the Etubom’s Council represented by the appellants is hereby set aside.

Garba also set aside the High Court’s decision that  “the appellants had waived the requirement of capping and induction of an Etubom by the Obong of Calabar into Etubom’s Councils of the Obong’s palace as a qualifying factor to vote and be voted for as the Obong of Calabar in favour of the 1st respondent”.

He also ruled that, “the 1st respondent who admittedly was not capped/inducted into the Etubom’s Council of the palace of 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.

The appellant in the suit were Etubom Essien Ekpenyony Efiok;  Etubom Okon Asuquo; and Etubom Micah Archibong.

“That the 6th respondent 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”.

In an interview with journalists after the judgement Ani, a formar minister of Finance said he will take the matter to the supreme Court for further arbitration.

“I was not in court and my lawyer just briefed me. So far, I see the ruling as 50-50 affair. I will look at it, see how it affects me and may be appeal the judgment.

“ However, one thing we are sure of for now is that there is no Obong of Calabar because the judgment today has nullified the entire processes. For the Efik people now, there is no Obong,’’ he said.

Counsel to the Obong, Mr. A.A Archi,  also responded to the judgement.
“The judgement is a vindication that capping is a fundamental requirement for a candidate to be eligible to be qualified to contest for selection, election or appointment to the Obong of Calabar throne.

“The judgement also upheld our view that a learned trial judge, with all due respect, sought to perpetually alter the standing and recognised customs of Efik people which would have affected the lives and people of the community.

“It is also a vindication that the 6th respondent, the Obong of Calabar, was eligible to be selected and appointed as Obong although the court nullified the processes.

“But we are still confident that the he will still after due processes have been followed will still emerge.

“So, the two parties are not qualified as Ani will no longer be qualified to contest since he was not ab initio capped while all others who are qualified will be eligible to contest.

“For Etubom Ekpo Okon Abasi Otu, he is qualified and eligible to stand in for another selection processes,’’ he said.

Counsel to Etubom Ani.. Mr. Bassey Offiong who stood in for Mr. Joe Agi (SAN) commended the court for its judgement.

He said: “The Court of Appeal delivered judgment in part. So, many issues were in contention including first, whether Etubom Anthony Ani was qualified to contest for the stool.

“The court ruled that since he was not capped, he was not qualified to contest for the Obongship stool based on the constitution of Obong Constitution.

“Secondly, the court considered the issue of natural justice and said Etubom Ani was not given fair hearing during the selection process because his complaints were not listened to.

“Consequently, Court of Appeal made 6 orders. But the summary of it is that the court set aside the whole processes of selection of Obong of Calabar.

“It also ordered that a new process be undertaken. We will study the judgement and later decide what to do next,’’ he said.