Etubom (Dr.) Anthony Asuquo Ani & Ors v. Etubom Ekpo Okon Abasi Otu & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

AMINA ADAMU AUGIE, JSC (Delivering the leading judgment)

The appellants and the first set of respondents are from Western Calabar, while the second set of respondents are from Central Calabar, and together, they form the traditional constituency/conclave, which nominates and appoints from amongst themselves, the occupant of the Stool of the Obong of Calabar.

Under the customs and traditions of the Efik People, which are codified in the Constitution of Etuboms Council, Palace of the Obong of Calabar 2002, only the Etuboms of recognized Efik Ruling Houses are entitled to participate in the selection process and/or contest for the Royal Stool of Obong of Calabar.

In other words, the said Etuboms are not only the Kingmakers in Efik Kingdom, they are also heir apparent to the throne, in case of the demise of an Obong.

There is only one Etubom in each House, and another can only emerge when the existing Etubom is dead or surrenders his position to another person from that House, which is what happened with the first appellant.

The people of his House requested the ailing Etubom Okon Effiong Offiong to step aside, and on 1/3/2008, the first appellant was installed Etubom of Ufok Ikot Mkpor. He was inducted into the Efik Iboku Esit Edik Traditional Council on 1513/2008.

The Etuboms Traditional Rulers Council, Obong’s Palace, by their letter dated 22/2/2008, informed the Western Calabar Traditional Council that since “Edidem (Prof) Nta Elijah Henshaw VI is traditionally sick, Etuboms Council gives you Western Calabar Traditional Council chance to select the Etubom, who shall be the new Obong from amongst yourselves.” The letter further says:

We believe you shall do so before 13/3/2008.

1. All your Etuboms have right.
2. Also, you will give us an Etubom that is suitable, who also has the wherewithal to hold and unite all Efik enclaves.
3. Then note that the Etuboms Conclave has the final say in the selection of Obong.

The Council met and agreed to cede the nomination to Ikoneto people, being the only section yet to occupy the throne of Obong. The Ikoneto people were, therefore, given the mandate by Western Calabar Traditional Council to pick from among themselves a nominee for presentation to the Etuboms Council.

When the Ikoneto People could not resolve who to present as candidate, the said Council decided to give Obio Oko (Creek Town), chance to produce the next Obong. Ikoneto people protested and, in a letter, dated 13/3/2008 to “The Etuboms of Obomitiat/Mbiabo Ikoneto”, the said council stated as follows:

“In the last meeting held on 12/3/2008, the council received a letter from Esen Ikoneto, where they expressed their disapproval of the earlier agreement and contested the decision taken.

Sequel to this development, the council reversed its earlier decision and gave Esen Ikoneto another opportunity to present one person to the council. In consonance with the resolve of the council, the council gave Esen Ikoneto the last chance to meet internally and present a candidate from within them to the council on Monday, 17/3/2008 at 4.00pm in the Meeting Hall at Adiabo. If they fail to comply as directed, the opportunity will be given to other Houses in Efik Iboku Esit Edik.”

By a letter dated 14/3/2008, the first appellant was “invited to attend unfailingly a conclave meeting of the Etuboms of Ikoneto for the purpose of selecting from one amongst us to be presented as a candidate for the Efik Stool”, and by a letter dated 18/3/2008, the Etuboms Conclave invited the first appellant for screening as a candidate for the Stool on 19/3/2008. It was stated therein that:

“The Etuboms Conclave of the Efik Iboku Esit Edik Council had at its meeting of 17/3/2008 – considered your nomination as a candidate from Ikoneto for the Stool of Obong of Calabar and has approved that you be invited for screening.”