The current dethronement makes it the fourth time the traditional ruler will step down for another election exercise
The Supreme Court of Nigeria has removed the Obong of Calabar Edidem Ekpo Okon Abasi-Otu from the throne and ordered a fresh election for the traditional chieftaincy stool.
This judgement makes it the fourth time the dethroned traditional ruler will have to step down for another fresh election exercise.
The royal mantle of the Obong of Calabar was held by Edidem Ekpo Okon Abasi-Otu V until his dethronement yesterday by the Supreme Court of Nigeria, after 15 years of legal tussle, in a judgment written by Justice Amina Augie and delivered by Justice Akomoye Agim.
In the earlier judgment of the Appeal Court, Calabar, on the same matter, it had ordered for a fresh election, which the deposed Obong is still qualified to contest.
The court held that, Etubom Anthony Ani and others, Suit No. HC/102/2008, the lead counsel, Mr. Joe Agi (SAN), sued Etubom Ekpo Okon Abasi-Otu and others in their capacities as members of the Etuboms’ Traditional Council for jettisoning the screening process of the Western Calabar, presided by , Etubom Abasi-Otu, as the Chairman then, now the Obong of Calabar, had screened and selected Etubom Ani as their sole candidate.
In a judgement of a High Court in Cross River State, under the presiding Justice Obojor A. Ogar had sacked Abasi-Otu as the Obong of Calabar on January 30, 2012 in favour of Anthony Ani, setting aside the Appeal Court in Calabar judgment which favoured the Obong.
Following the judgement of the High Court, Obong and others filled an appeal at the Appeal Court Calabar and the Court upheld and validated the earlier judgement of the High Court , sacking Ani and ordering a fresh election.
In the judgement on June 4, 2013, the Lead Judge then, Justice Garba Lawal, who is now a Justice of the Supreme Court, ordered that “the first respondent, Etubom Ani, who admittedly was not inducted into the Etuboms’ Council of the Palace of the Obong by 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 first appellant, Abasi -Otu, 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”, hence the Appeal Court set aside the selection process that produced Ani as candidate and also set aside the March 31 proclamation of Etubom Abasi-Otu as Obong ordered by the Etuboms’ Conclave of the Palace of the Obong of Calabar, whose mandate it is, under Article 5(a) (ii) (iv) of Exhibit 1/20, to do so and it “to conduct another process of selecting a new Obong of Calabar, in accordance with the provisions of Exhibit 1/20 and in strict compliance with the rules of natural justice”.
The summary of the judgment made available to some newsmen in Calabar, immediately after it was delivered on January 13, 2023, stated that “fresh election will be held in accordance with the 2002 constitution of the palace, in line with equity and actual justice.”
At the palace of the Obong in his private residence at Adiabo, some of the Etubom (Heads of Houses) were ushered in for an emergency meeting with a song that “till tomorrow, Edidem Ekpo Okon Abasi-Otu will still win them till tomorrow”
The Supreme Court judgement, however, was received with mixed feelings by the Palace of the Obong, but was seen in a festive mode because the dethroned traditional ruler still has a chance to return back to the throne, given his eligibility to re-contest.
The Chairman of Etubom traditional council in the Palace, Etubom Bassey Okor Bassey Duke, said they have not received the copy of the judgement of the Supreme Court, but however confident the Obong will be reelected.
