By Abasi Ita, Calabar
Despite the official stance of Governor Bassey Otu on the lingering tussle over the revered Obong’s stool spanning over a decade, the two contending parties have returned to court seeking for legal backing to claim the throne.
Summit Post News recall that last November, Governor Bassey Otu through a statement endorsed by his then Chief Press Secretary, Emma Ogbache accorded official recognition to Etubom Abasi Ekpo Okon and warned agrrieved party to sheath their swords.
However, the tussle has continued unabated as both parties are still laying claims on the throne
The battle over the Obongship stool has resumed as factional Etubom Traditional Rulers Council (ETC) of the Palace of the Obong of Calabar have approached the Court again seeking a declaration of Etubom Anthony Ani as the authentic Obong of Calabar and Treaty King.
This is coming barely one year after the Supreme Court had ordered for fresh election and selection of the Obong of Calabar in a landmark ruling.
Summit Post gathered that the stool has been under dispute for over fifteen years culminating in the the Supreme Court January 13, 2023 verdict ordering for a fresh election to select a new Obong.
In the historic judgement written by Justice Amina Ahgid and read by Justice Akomoye Agim, the apex court upheld the judgement of the Appeal Court, Calabar, which had earlier sacked Ekpo Abasi Otu and ordered for a fresh election in tandem with the 2002 constitution of the Palace predicated on equity and actual justice.
And on January 13, the Etubom Conclave of Efik kingdom met, and again re-selected and proclaimed His Eminence Edidem Ekpo Okon Abasi-Otu V as the Obong.
Not impressed with the selection processes, a faction of kingmakers, who referred to themselves as the “legitimate’ Etubom Council and loyal to Etubom Anthony Ani, went ahead seeking a redress in Court.
Their prayer include an injunction restraining Abasi Otu from parading himself as the Obong of Calabar.
In the Suit No.HC/278/2023 dated December 12, 2023, with Etubom Essien Ekpenyong Efiok, Etubom Okon ASUQUO and Etubom Micah Archibong as claimant’s and Etubom Abasi Otu, Etubom Edem Offiong Effiwat and Edem Ita Essien Ededem, Government of Cross River State and Attorney General of Cross River State as defendants, the party is seeking a declaration that “Etubom Ani has emerged as the winner in the election conducted by Etubom Council of the Obong of Calabar palace on May 22, 2023 and therefore that he and not Etubom Abasi Otu is entitled to be conferred with the prestigious title of Obong of Calabar in contention.
The claimant counsel, Eric Ifere,Esq, of KLEARLY Legal and Partners, is further seeking “an order directing the Government of Cross River State to issue certificate of recognition to Etubom Ani as the Obong of Calabar.
“A declaration that the election or selection of Etubom Abasi Otu as the Obong by the faction Etubom Traditional Council conclave, which does not conform with with the provisions of the Etubom Traditional Council 2002 constitution and Supreme Court judgment of January 13, 2023 is detective, null and void.
“A declaration that the purported appointment and recognition of the candidature of the Etubom Abasi Otu as the Obong Elect by second to the fifth defendants is irregular, illogical, uncustomary, invalid, null and void and of no effect whatsoever
“An order of perpetual injunction restraining the defendants by themselves or through their servants, agents, or privies or otherwise howsoever from taking any steps or actions about or in furtherance of the purported appointment of Abasi Otu as the Obong Elect.
“An order of perpetual injunction restraining Abasi Otu from further presenting or parading himself or holding out himself or allowing himself to be a held out as the Obong Elect and from exercising any right or performing any functions ascribed to an Obong Elect.”
However, in a counter claim filed by the counsel to the first, second, and third defendants/respondents (Etubom Abasi Otu, Etubom Edem Offiong Effiwat, and Edem Ita Essien Ededem), Mrs. Nella Andem-Ewa Rabana, SAN, and dated March 5, 2024, the defendant have ‘denied every allegation of the facts contained in the plaintiff’s statement and claim as if each were set out traverseriatim.”
The defendants maintained that “the first claimant, Etubom Essien Ekpenyong Efiok, was then an Etubom from the Nsa Efiom Ekpo clan, Western Calabar, and was not the chairman of Etuboms Council at all times material to this selection,” adding that “he ceased to be chairman with the demise of the then Obong, His Eminence Elijah Nta Henshaw, sometime in February 2008 and the emergence (coronation and proclamation) of the next Obong of Calabar, His Eminence Edidem Ekpo Okon Abasi Otu V .”
The defendants further argued that “Abasi Otu could not have remained as chairman being an Etubom and eligible contestant from Western Calabar, the royal house/bloc from where the new Obong would eventually emerge,” explaining that “the current and subsisting chairman of the Etuboms Council is Etubom Bob Bassey Duke of central Calabar as the constitution of Etuboms Traditional Councils requires as the Obong and chairman of ETC cannot come from the same bloc as to ensure rotation.”
They averred that “the order of the Court of Appeal was complied with as Ekpo Abasi Otu emerged unanimously and was proclaimed the Obong of Calabar through due process”
According to the council, “His Eminence Edidem Ekpo Okon Abasi V was selected in compliance with Supreme and Appeal Court judgments of January 13, 2023, and July 4, 2013, respectively just as they complied with the free, fair, credible and lawful selection and election processes which held to the emergence and further reemergence of Abasi Ekpo Okon as Obong of Calabar.”
They further argued that there is nothing like “legitimate” or “factional ETC at the time of the reselection exercise.
The matter is being presided over by Hon. Justice Elias O. Abua and the case has been adjourned to Thursday, March 28, 2024.