His Majesty, Obong of Calabar dethroned By Appeal Court

The Court of Appeal Court in Calabar, Cross River State yesterday nullified the appointment of Edidem Ekpo Okon Abasi –Otu (V) as the Obong of Calabar and declared the stool vacant.

The appellate court also held that a former Minister of Finance, Chief Anthony Ani, who is also a contender to the throne, is not traditionally qualified and eligible to vote and be voted for as the Obong of Calabar.

In the lead judgement delivered by a Justice of the Court of Appeal (JCA), Justice Mohammed Garba, the appellate court upheld an earlier judgement of the lower court which ruled that due process was not followed during the appointment of Abasi- Otu and held that the selection process null and void. Two other JCAs, Justices Uzo Ndukwe-Anyawu and Onyekachi Otisi also concurred with the verdict.

Justice Ogbojor Ogar of the state High Court in Calabar had on January 30, 2012, held that the process leading to the emergence of Abasi -Otu as the Obong of Calabar in 2008 was null and void in a matter brought before it by Ani and ordered a fresh selection process.

Dissatisfied with the verdict of the lower court, the Etuboms Traditional Council had approached the appellate court for redress on the matter

But in the abridged 94 -page judgement that lasted for 45 minutes, Justice Garba said, “For the breach of principles of natural justice and the 1st respondent’s (Anthony Ani) right to fair hearing, the selection process conducted by the appellants which culminated in the selection and proclamation of the 6th respondent (Abasi-Otu) by the Etuboms Traditional 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 Etuboms conclave of the palace of the Obong on March 31, 2008 is hereby set aside.”

Justice Garba further held that 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 6th respondent will be given the opportunity to participate.

On the exclusion of Ani, the Justice Garba said, “That the 1st respondent who admittedly was not capped/inducted into the Etuboms 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”.