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By Emmanuel Adeleke
The Supreme Court, on Friday, dethroned the Obong of Calabar, Edidem Ekpo Okon Abasi Otu V, after years of legal tussle.
In the judgement written by Justice Amina Augie and read by Justice Akomaye Agim, the apex court upheld the judgement of the Appeal Court in Calabar and ordered a fresh election, which the deposed Obong is still qualified to participate in.
The judgement makes it the fourth time the Obong had to step down for selection exercise.
A former Minsiter of Finance in the regime of Late General Sani Abacha, Etubom Anthony Ani (M.O.N), and others had through their 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 under the then Chairman, Etubom AbasiOtu, now the deposed Obong of Calabar, that had screened and selected Etubom Ani as their sole candidate.
Ani had instituted the suit immediately after the Etuboms’ Conclave met and declared Etubom Abasi Otu as the Obong-elect, not after he had been crowned the Obong of Calabar.
High Court of Cross River State’s Judgement of Justice Obojor A. Ogar, had sacked Abasi Otu as the Obong of Calabar on January 30, 2012, in favour of Ani and jettisoned the Appeal Court judgement that was in favour of the deposed Obong.
However, the Obong and others challenged the High Court Judgement at the Appeal Court, Calabar, and was again sacked by the court and a fresh election ordered.
Delivering judgment on June 4, 2013, the Lead Judge then, Justice Garba Lawal, who is now a Justice of the Supreme Court, held that “the 1st 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.”
The Appeal Court susbsequently set aside the selection process that produced Etubom Ani as candidate and also set aside the March 31 proclamation of Abasi Otu as Obong and ordere 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 “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 Supreme Court judgement made available to newsmen in Calabar immediately after it was delivered on January 13, 2023, stated that fresh election will be held in line with the 2002 constitution of the Palace.
At the Adiabo private residence of the deposed Obong, some of the Etuboms who gathered there for an emergency meeting sang a song that “till tomorrow Edidem Ekpo Okon will still win them till tomorrow.”
This is the first time in the history of the throne that the apex court will dethrone an Obong.