Supreme Court Judgment Granted Ani Waiver To Contest Obong Of Calabar Stool, Says Etubom Traditional Rulers Council

From Ndifreke Bassey

Etubom Traditional Rulers Council (ETC) of the Palace of the Obong of Calabar have stated in equivocal terms that the Supreme Court Judgment granted Etubom Anthony Ani waiver to contest for the Obong of Calabar stool.

ETC, who spoke against the background of rumour making the rounds that Etubom Ani was not qualified to contest for the Obongship, told journalists in Calabar yesterday that based on the Supreme Court Judgement in Suit No. SC/634/2023 delivered on January 13, 2023, the Mbiabo Ikoneto Traditional Rulers Council wrote ETC requesting for waiver, which was granted at the start of the Conclave on May 22, 2023.

The the Chairman of ETC, HRH Etubom Essien Ekpenyong Efiok, therefore, said it was in compliance the Supreme Court that they embarked on a fresh selection process and Etubom Ekpo Okon Abasi Otu even when was duely invited refused to attend.

                                                     Etubom Essien Ekpenyong Efiok                                                     Chairman Etubom Traditional Rulers Council

According to him, the Etubom traditional Council had no option than to screen the only other candidate presented by the Western Calabar Traditional Rulers Council, Etubom Anthony Asuquo Ani, and found Ani qualified and was selected.

The statement issued by ETC read in part: "Another important issue most people have not understood is the issue of WAIVER. In case
no SC633/2013, it was held by the Supreme Court of Nigeria (on page 24, paragraph 1)
that as the two (2) sets of Respondents submitted and rightly so, in my view, 
even if the requirements of qualification to view for the said office could be waived, 
the Western Council was not in position to waive the requirement."

Also, in SC634/2013 page 15, paragraph 1, lines 31-34, states that ”As a provision of the Constitution of the Royal Court of the Obong of Calabar, even if can be waived in law, the waiver must be by the Etubom’s Council of the Obong’s  Palace who may have the 

Continuing, the statement noted that the Mbiabo Ikoneto Traditional Rulers’ Council wrote to the Etubom’s Traditional Council on May 19, 2023 and it read in part: “We most respectfully request that the Etubom’s Traditional Ruler’s Council as the highest traditional, administrative and sociopolitical authority in the Efik Kingdom, vested with the powers of interpreting all Efik norms, customs and traditions, waive for our candidate the ceremonial requirement of being inducted into Etubom’s Traditional Ruler’s Council of the Obong’s Palace (Capping), so as to enable him participate in the conclave of Etuboms and this requirement was waived by the Etubom’s Traditional Ruler’s Council of the Obong’s Palace, at the start of the Conclave on the May 22, ,2023.

"Accordingly, therefore, and in compliance with the Supreme Court judgement, we 
embarked on a fresh selection process. Unfortunately, however, Etubom Ekpo Okon Abasi Otu who was duly recommended by the Supreme Court that he could recontest the selection, refused to be part of it even though he was duly invited through the courier service to attend the exercise. 

"In refusing the invitation to appear before the qualified 
Etubom’s for screening and possible selection, we had no option than to screen the only 
other candidate presented to us by the Western Calabar Traditional Ruler’s Council –
Etubom Dr Anthony Asuquo Ani. 

"We found the said Etubom Anthony Asuquo Ani 
qualified, and have since selected and proclaimed him as the new Obong of Calabar.
In compliance with the law, we notified the State Government and sought permission to 
conduct his coronation and for his recognition by the Cross River State Government."

Etubom Anthony Asuquo Ani

Reacting to Governor Bassey Otu's endorsement of Etubom Ekpo Okon Abasi Otu as the Obong of Calabar,  the ETC said: "It does appear that His Excellency the Governor has rejected our request and has granted explicit recognition to Etubom Ekpo Okon Abasi Out as the Obong of Calabar.

"We want to state here without any ambiguity that the Governor’s decision is a serious challenge to the Supreme Court judgement as it not within his power to do so. Let us state here therefore most equivocally our Etubom’s Council is the one recognised by the Supreme Court Judgment and Etubom Anthony Asuquo Ani is the Obong of Calabar of the 
Efik nation and his Traditional coronation shall be carried out accordingly.

"We will like those who may want to know that the selection of an Obong in Efik land is exclusively the responsibility of the Tradition which has nothing to do with politics."

The council outlined the decisions of the Supreme Court as they are contained in its judgement dated January 13,2023 to include "that the selection and proclamation of Etubom Ekpo Okon Abasi Otu as the Obong of Calabar on the 31/3/2008 be set aside; that the parties should return to the drawing board; that the selection process be started “afresh”; that the selection should start on a clean slate and that the 2002 Constitution of the Etubom’s Traditional Ruler’s Council be used just as the principle of natural justice, fairness and equity should be applied."

From the forgoing, therefore, the ETC, called on Governor Otu to "set up an independent and unbiased body to handle the situation or submits the Supreme Court Judgement to a court of competent jurisdiction to interpret the judgement for immediate Implementation as we know that His Excellency lacks the power to set aside the Supreme Court judgement."