Tussle for monarch’s stool goes to Nigeria’s Supreme Court as Calabar Kingmakers Celebrate New Obong

They are challenging the July 4, 2013 Court of appeal, Calabar  judgement by Justice Mohammed Garba which nullified the selection of Edidem Ekpo Okon Abasi Otu as the Obong of Calabar.

The judge who also ordered for a fresh selection with Otu cleared to contest had disqualified Ani from contesting on grounds that he was not capped by an Obong.

Ani through his counsel, Mr. Joe Agi (SAN) in a stay of execution suit, is seeking a stay of execution of the judgement in Appeal No. CA/C/97A/2012 an order that all parties maintain status quo pending the hearing and determination of the Appeal against the judgement.

He argued that if the said judgement of the Appeal Court I not stayed, “the appellants/applicants right of Appeal against the said judgement will be paralysed (and) if the Appeal succeeds, it will create a situation of helplessness and make the judgement of the Appellate Court nugatory”.

In the main appeal, Ani through his Counsel, Agi filed “Notice and Grounds of Appeal” to the Supreme Court on four grounds of appeal that “the learned Justice of the Court of Appeal misdirected themselves in law when they attempted to draw distinction between eligibility and qualification and consequently found that the 6^th respondent (Otu) in court below was of agnate decent thus reaching a perverse conclusion when they held and relied on exhibit 11 which is the genealogical chart tendered by the 1^st respondent (Ani) as evidence of the agnate decent of the 6^th respondent.

On grounds two of the appeal, Agi argued that the Court of Appeal misdirected themselves in law when they found and held that Otu was qualified to vie for the stool of the Obong of Calabar and be voted for at the time the selection of candidate for the stool was carried out and based on the 1970 accord and “the evidence before the trial court remain that the 6^th respondent (4^th respondent herein) is of cognate decent and not agnate decent remain uncontroverted”

 Grounds three, Agi said the Appeal Court misdirected themselves in law when they held that “the 1^st respondent was not qualified to vie for the position of the Obong of Calabar as he was not a capped Etubom (whereas) the appellant was invited by the kingmakers to appear for screening as candidate for the stool of Obong of Calabar in spite of the provision of capping by the Chairman of the Etuboms Conclave. Thus the respondents waived the provision of the constitution of the Etuboms’ Council by the act and conduct and are caught by the doctrine of Estoppel”.

On grounds four, he said the Court of Appeal judgement “is against the weight of evidence” and therefore sought “an order setting aside the finding as to the non-qualification of the appellant, an order setting aside the finding as to the qualification of the 6^th respondent and affirming the findings and orders of the High Court as contained in its judgement delivered on 31^st of January, 2012 by justice Obojor Ogar”.

In sharp development, the Etuboms’ Conclave, kingmakers, of the Palace of the Obong of Calabar on July 8 re-elected Etubom Otu V as the Obong of Calabar, saying, “having been fully satisfied with the candidate’s qualification and eligibility, and there being no dissent whatsoever among the Kingmakers, the Etuboms’ Conclave therefore declared him the successor, and hereby convey his proclamation as the successor to the throne of Obong of Calabar today 8^th July 2013.”

This was contained in a statement from the Etubom’s council, signed by its Chairman, Etubom Micah Archibong, and secretary, Etubom Okon Etim Okon Asuquo which states, “following the judgment of the Court of Appeal sitting at Calabar on 4^th July, 2013 ordering that the Etuboms’ Conclave, the kingmakers, of the Palace of the Obong of Calabar should “conduct another process of selecting Obong of Calabar in accordance with the provisions of the Constitution of Etuboms’ Council 2002 and in strict compliance with the rules of natural justice”,  among other things, the Etuboms’ Council promptly complied with that Court order by taking necessary steps leading to and convening the Etuboms’ Conclave and conducting another selection of Obong of Calabar.

Following this proclamation, Otu was celebrated as the new Obong at a special prayer session tagged Solemn Assembly at the palace of Obong of Calabar.