Supreme Court Rules On Obong Of Calabar Tussle Jan 13
BY UBON EKANEM, CALABAR – The Supreme Court of Nigeria is expected to deliver judgment on the protracted tussle over the traditional stool of the Obong of Calabar and the paramount ruler of the Efik Kingdom on Friday, January 13, 2023.
This followed Suit No. HC/102/2008 filed by the former Minister of Finance, Etubom Anthony A. Ani (MON), and others against 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 Abasi-Otu, now the Obong of Calabar that had screened and selected Etubom Ani as their sole candidate for the revered crown.

Forefront News gathered that Etubom Ani, through his lead counsel, Mr Joe Agi (SAN), had instituted the suit immediately after the Etuboms’ Conclave met and declared Etubom Abasi Otu as the Obong-elect, not after he (Etubom Otu) had been crowned the Obong of Calabar as is presently misconstrued in some quarters.
The suit was before Justice Obojor A. Ogar at the High Court of Cross River State and after about four years of legal tussle, judgment was given in favour of Etubom Ani and Etubom Abasi-Otu who had subsequently ascended the throne as Obong of Calabar was sacked by the court.
In his ruling, the Judge declared that “the presentation and or selection of the 4th defendant (Etubom Abasi Otu), who was Chairman of the Screening Committee for the selection of a candidate for the stool of Obong of Calabar, as a candidate for the Obong Of Calabar throne or purported selection of the 4th defendant as the Obong of Calabar elect is contrary to natural justice, equity and good conscience.
“That the purported selection of the 4th defendant as the Obong of Calabar-elect, who is from Adiabo is contrary to the decision of the Western Calabar Traditional Rulers Council that Ikoneto has the exclusive right to produce the next Obong of Calabar. A declaration that the 1st – 5th defendants are stopped from reneging on the decision that it is the turn of Western Calabar and Ikoneto, in particular, to produce the next Obong of Calabar”.
The Judge further declared that “the 4th defendant (Etubom Ekpo Okon Abasi Otu) is not qualified to be selected and/or appointed, the Obong of Calabar and accordingly his purported selection/screening/election and appointment as Obong of Calabar are hereby set aside”.
Consequently, the Court gave an injunction “restraining the Ist -5th defendants from selecting or purporting to select any person as Obong of Calabar, contrary to the agreement that it is the turn of Ikoneto to produce the Obong. An injunction restraining the Etubom Traditional council either by themselves, their servants, hirelings, agents, privies or however from carrying out any contest for the selection of a new Obong of Calabar without the participation of Ikoneto or its candidate (the 1st Claimant).”
Furthermore, the Court said; “The 4th defendant is hereby restrained either by himself, his servants, agents or privies from representing or further representing himself to the general public as Obong of Calabar”.
However, an appeal by Etubom Abasi Otu (1st appellant) and Etubom Etubom Otu Efa Otu (For themselves and representing the Efik Iboku Esit Edik Traditional Council) was filed at the Calabar Division of the Court of Appeal against Etubom Ani (1st respondent) and others.
Delivering judgment on June 4, 2013, the Lead Judge then, Justice Garba Lawal who is now a Justice of the Supreme Court, ordered that “the 1st Respondent (Etubom Ani), who admittedly was not capped/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 1st Appellant 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”.
Therefore, the court set aside the selection process that produced Etubom Ani as the candidate and also set aside the March 31 proclamation of Etubom Abasi Otu as Obong Ordered 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”.
With available facts on the case as contained in the High Court as well as the Court of Appeal ruling, the Supreme Court is set to finally put the matter to rest with its judgment slated for January 13, 2023