APPEAL Court sitting in Calabar, yesterday, confirmed a Calabar High Court ruling which, in October 2012, nullified the processes for the selection of Obong of Calabar through which Etubom Ekpo Okon Abasi Otu emerged as Obong.
The court ordered for another selection process to elect an Obong for the Efik.
In a unanimous decision, Justice Mohanmmed Lawal, Justice Uzor Ndukwe and Justice Onyekachi Okisi, the Appeal Court judges agreed that the selection processes through which Etubom Abasi Otu emerged to become the Obong of Calabar was not all inclusive and thus new processes should be instituted for all eligible persons to undergo the selection of Obong.
*Aloma-Mariam-Mukhtar, CJN
The judgment also disqualified Chief Anthony Ani, who is the first respondent from contesting since he was not a capped chief, which is a prerequisite for the qualification to contest for the post of Obong.
Reacting to the judgment, counsel to Chief Anthony Ani, Mr. Bassey Offiong said: “The court delivered judgment in part.
“So many issues were in contention including first, whether Etubom Anthony Ani was qualified to contest for the stool.
“The court ruled that since he was not capped, he was not qualified to contest for the Obongship stool based on the constitution of Obong council.”
He said secondly, the court considered the issue of natural justice and said Etubom Ani was not given fair hearing during the selection process because his complaints were not listened to and therefore another selection exercise should be conducted which is all inclusive.
Reacting, Etubom Anthony Ani said he would study the judgment before taking a decision whether to appeal.
or not. “Well, I was not in court and my lawyer just briefed me. So far, I see the ruling as 50-50 affair. I will look at it, see how it affects me and may be appeal the judgment.
“However, one thing we are sure of for now is that there is no Obong of Calabar because the judgment today has nullified the entire processes. For the Efik people now, there is no Obong”.
On his part, counsel to Obong Barrister A.A Archi of Nella, Lawal and Rabana chambers said the judgment is a vindication that capping is a fundamental requirement for a candidate to be eligible to be qualified to contest for selection, election or appointment to the Obong of Calabar throne.
“The judgment also upheld our view that a learned trial judge, with all due respect, sought to perpetually alter the standing and recognized customs of the Efiks which would have affected the lives and people of the community”.
according to him the barring of Etubom Ani from the selection processes is a vindication that the Obong of Calabar, was eligible to be selected and appointed as Obong “although the court nullified the processes but we are still confident that the he will still after due processes have been followed emerge as the Obong of Calabar”.
Chief Ani, the counsel said is not qualified and “will no longer be qualified to contest since he was not abintio capped while all others who are qualified will be eligible to contest.
”For Etubom Ekpo Okon Abasi Otu, he is qualified and eligible to stand in for another selection processes.
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