PBA ReporterSupreme Court, has dethroned the Obong of Calabar, Edidem Ekpo Okon Abasi Otu V after years of a protracted legal battle.
The apex court through a unanimous judgment on Friday read by Justice Akomaye Agim ordered a fresh election for the traditional stool.
This is the first time in history that the Supreme Court would pass a judgment dethroning an Obong.
The court which questioned the selection process for the Obong ordered the kingmakers and Traditional Rulers’ Council to immediately convoke a fresh selection process to produce another Obong of Calabar in accordance with the 2002 constitution of the Palace in line with equity and justice.
Interestingly, the court ruled that the deposed king is still qualified to contest, which will make it the fourth time he had to step down for the selection exercise.
Etubom Anthony Ani, and others in a suit filed by his lead counsel, Mr Joe Agi (SAN), sued Etubom Ekpo Okon Abasi Otu and others in their capacities as members of the Etuborns’ Traditional Council for not following the screening process of the Western Calabar under the then Chairman, Etubom Abasi Otu, who became the Obong of Calabar.
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The council had reportedly screened and selected Etubom Ani as their sole candidate but the Etuboms’ Conclave met and declared Abasi Otu as the Obong-elect, and subsequently crowned him the Obong of Calabar.
Etubom Anthony Ani went ahead and filed a suit at the Cross State High Court challenging the process.
The High Court on January 30, 2012, passed a judgment in favour of Ani, ordering the removal of Abasi Otu as Obong of Calabar.
The Obong and others, however, filed an appeal at the Appeal Court, Calabar, challenging the decision of the High Court, and was again dethroned by the court which ordered a fresh election.
The appellate court had 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,” and therefore set aside the selection process that produced Etubom Ani as a candidate.
The ruling 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.
The court then ordered a “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.”
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