Court dethrones Obong of Calabar

Posted by admin Cross River, State News Tuesday, January 31st, 2012

The former minister of finance, Etubom Anthony Ani, has won the second round of his protracted legal battle over who occupies the coveted traditional Efik stool of Obong of Calabar. The High Court in Calabar has restrained the incumbent Obong of Calabar, Edidem Ekpo Okon Abasi Otu V, from parading himself as the Efik mornarch.

In April 2008, the former minister of finance in the then military regime, Etubom Anthony Ani and Ufok Ikot Nkpor had instituted a case against the Obong and challenged the verdict of the Etuboms Council in selecting and proclaiming Edidem Ekpo Okon Abasi Otu V as the Obong of Calabar.

But counsel to Edidem Otu, Chief Rotimi Williams (SAN) raised a preliminary objection that Ufok Ikot Nkpor and the claimant (Ani) lacked the locus standi to bring this action and the court had no jurisdiction to hear the matter.
On April 7, 2008 the Etubom Traditional Council of the Palace of the Obong of Calabar announced Otu as the Obong and was on December 13, 2008 colourfully coronated as the Obong of Calabar, natural ruler, treaty king and grand patriarch of the Efik Nation at the Presbyterian Church of Nigeria, Duke Town Parish, Eyamba Street, Calabar.

His emergence, under very controversial circumstances, as the monarch of the Efiks followed the demise of the past Obong, Edidem Prof. Elijah Nta Henshaw VI.
In the nearly two hours judgement yesterday, Justice Obojor Ogar restrained the Obong from parading himself as the Obong of Calabar until proper election had been held and also restrained the Etubom Traditional Council (ETC) from excluding Etubom Anthony Ani and Mbiabo Ikoneto from any election or selection of an Obong.

However, counsel to the ETC, Mr. Paul Eba, said “we are trying to study the judgement as judgement has not made any positive order to the government to withdraw the certificate so the Obong is still on the throne,” adding “definitely, we are going on appeal to determine some issues raised by the judge.”
Justice Ogar had, after receiving final addresses from counsel to Etubom Ani, Mr. Joe Agi (SAN), counsel to Edidem Otu, Chief Ladi Williams (SAN) and counsel to the ETC, Mr. Ukpong Eba, adjourned the matter to January 11 for judgment but for was postponed again to yesterday.
Etubom Ani had in his claim and submission by his counsel, Mr. Agi, sought a declaration that “the presentation and selection of the 4th defendant (Edidem Otu) who was chairman of the screening committee for the selection of the 4th defendants as the Obong of Calabar-elect is contrary to natural justice, equity and good conscience.

“That the purported selection of the 4th defendant as the the Obong of Calabar-elect, who is from Adiabo is contrary to the decision of the Western Calabar Traditional Rulers Council that Ikoneto has the exclusive right to produce the next Obong of Calabar and the 4th defendant is not qualified to be selected and or appointed the Obong of Calabar.”

He also sort a declaration that the Etuboms Traditional Rulers Council of the Obong’s Palace refusal to entertain the complaint of the Plaintiff violates their right to fair hearing and an injunction restraining the government from according recognition and/ or giving staff of office to the 4th defendant.
Counsel to the defendant, Chief Williams, who was represented by Miss Rebecca Tanga, in his submission asked the court to dismiss the applicant’s claims, saying “that he was not qualified to be Obong of Calabar,” stressing that the applicant was given fair hearing was given fair hearing in the process of selection of the Obong of Calabar.

After hearing all the issues raised, Justice Ogar ruled that, any election or selection of an obong of Calabar without the participation of Etubom Ani and Mbiabo Ikoneto is null and avoid and therefore restrained the ETC from doing that.
He also granted an injunction restraining “the Obong of Calabar from parading himself as the Obong until proper election has been done”.
Counsel to Etubom Ani, Mr. Bassey Offiong, who represented the lead Counsel, Mr. Agi, SAN expressed satisfaction with the judgement saying the court also granted all the 5 prayers Etubom Ani sort for as stated above.

Offiong said “We are satisfied with the judgment and on the issue of certificate of recognition is it the government that installs an Obong. The government acted on certain papers that were presented to it to issue a certificate. So if the court has not specifically said the certificate is withdrawn, it is obvious that it is withdrawn.”
“You cannot carry a paper that has no weight. The certificate of recognition given by the government is of no moment; in fact it is worse than a piece of paper because it was based on fraud.”

He said the first issue of whether the first claimant, Etubom Ani, is qualified to contest the throne of the Obong of Calabar, Offiong said “the Court resolved that he is qualified because they waved it, they invited him and he gave them everything and they even told that he was qualified.’
He, however, said they turned round to produce a fake report which the court said the report they issued was a fake report because they could not substantiate it.
Besides, on the issue of whether Ikoneto is the only ruling house that should present a candidate, the court said yes based on the avalanche of documents available, adding “that the traditional council having written to Ikoneto that you are the only one and also writing a reminder that if you don’t do it your time will expire. So Ikoneto having presented a candidate now, you cannot turn round to say that Ikoneto was not the only ruling house that they were other ruling houses. That if other ruling houses were involved that they should not have written the letter.”

On the issue of whether the present Obong is traditionally qualified, he said the court has also resolved that issue that he is not qualified because he never took part in the selection as he was the chairman of the selection interview.
Counsel to the ETC, Mr. Eba said the Obong is still the Obong and they will study the judgement to go for appeal.
He described the judgemnet as “a declaration judgement that Ikoneto has right to contest. Definitely we are going on appeal to determine some issues raised by the Judge”.
END.

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