Appeal cour removes Obong of Calabar
CITING lack of due process, the Appeal Court sitting in Calabar yesterday removed Etubom Ekpo Okon Abasi Otu as the Obong of Calabar.
The judgment read by Justice Mohammed Lawal Garba and confirmed by Justice Uzo Ndukwe-Anyawu and Onyekachi Otisi upheld the earlier verdict of a lower court that due process was not followed and the selection of the incumbent was null and void.
The Calabar High Court presided over by Justice Obgojor Ogar had in a judgment on January 30, 2012, brought by one of the contestants to the Obong stool, Etubom Anthony Ani, 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 restrained the Obong from parading himself as the Obong of Calabar until proper election has been held and also restrained the Etubom Traditional Council, from excluding Etubom Anthony Ani and Mbiabo Ikoneto from any election or selection of an Obong.
In an abridged 94 page judgment that lasted for 45 minutes, Justice Garba said, “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.
“The selection and proclamation of the 6th respondent as the Obong elect of Calabar by the Etubom’s conclave of the palace of the Obong on March 31, 2008 is hereby set aside”.
Accordingly, Justice Garba said, the Etubom Conclave of the Palace of the Obong of Calabar “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 in accordance with the provisions of exhibit 1/20 and in strict compliance with the rules of natural justice”.
However, the appellate court set aside the High Court 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.”
The appellate court 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.
“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”.
Reacting to the judgment, Ani said, “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”.
Counsel to the Obong, Mr. A. A Archi of Nella, Lawal and Rabana Chambers, said “the judgment 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.
“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.
Counsel to Etubom Ani, Mr. Bassey Offiong, who stood in for Mr. Joe Agi (SAN), commended the court for its judgment but 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.
The judgment read by Justice Mohammed Lawal Garba and confirmed by Justice Uzo Ndukwe-Anyawu and Onyekachi Otisi upheld the earlier verdict of a lower court that due process was not followed and the selection of the incumbent was null and void.
The Calabar High Court presided over by Justice Obgojor Ogar had in a judgment on January 30, 2012, brought by one of the contestants to the Obong stool, Etubom Anthony Ani, 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 restrained the Obong from parading himself as the Obong of Calabar until proper election has been held and also restrained the Etubom Traditional Council, from excluding Etubom Anthony Ani and Mbiabo Ikoneto from any election or selection of an Obong.
In an abridged 94 page judgment that lasted for 45 minutes, Justice Garba said, “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.
“The selection and proclamation of the 6th respondent as the Obong elect of Calabar by the Etubom’s conclave of the palace of the Obong on March 31, 2008 is hereby set aside”.
Accordingly, Justice Garba said, the Etubom Conclave of the Palace of the Obong of Calabar “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 in accordance with the provisions of exhibit 1/20 and in strict compliance with the rules of natural justice”.
However, the appellate court set aside the High Court 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.”
The appellate court 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.
“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”.
Reacting to the judgment, Ani said, “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”.
Counsel to the Obong, Mr. A. A Archi of Nella, Lawal and Rabana Chambers, said “the judgment 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.
“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.
Counsel to Etubom Ani, Mr. Bassey Offiong, who stood in for Mr. Joe Agi (SAN), commended the court for its judgment but 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.
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