Etubom (Dr.) Anthony Asuquo Ani & Ors v. Etubom Essien Ekpenyong Effiok & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

AMINA ADAMU AUGIE, JSC (Delivering the leading judgment)

This is a sister appeal to appeal No. SC.633/2013, in which judgment was delivered earlier, and both appeals involve the same parties and deal with the same subject matter – the Stool of the Obong of Calabar.

The customs and traditions of the Efik People are codified in the Constitution of Etuboms Council, Palace of the Obong of Calabar 2002, and there is a separate provision in the said Constitution titled – “Customary Laws and Rules for Selection, Proclamation, Installation Administration of the Obong of Calabar and the Code of Conduct”. Article 24 therein on the “Conditions for eligibility” stipulates that:

“A person duly and properly nominated/selected to succeed to the Efik throne, shall be accepted by the Council of Kingmakers if:

(i) He is the most suitable/competent agnate (of the founding ancestors’ lineage) among the Etuboms of that section of Calabar from which he is nominated/selected.

(ii) He is of sound mind and is not physically infirm.

(iii) He is of reputable character.

(iv) He is capable of giving purposeful leadership, provided that selectionwill be made of the next most suitable/ competent Etubom in the group if the candidate of first choice is considered by the Council to be unfit and/or unsuitable to ascend the throne.

(v) He must be reasonably literate in English Language and must be conversant with Efik tradition and custom.

For the avoidance of doubt, a candidate nominated/selected for succession to the throne shall be:

(a) Agnate blood descendant of a founding ancestor of the Efik tribe.

(b) An Etubom of a Royal House recognized as such by the Obong and Council.

(c) A holder of an Ekpe title of any one of the recognized Ekpe Iboku lodges (Efe Ekpe Iboku) or be in a position to hold one.”

It is only Etuboms of recognized Efik Ruling Houses that are entitled to participate in the selection process and/or contest for the said Stool. There is only one Etubom in each House, and another can only emerge when an existing Etubom is dead or surrenders his position to another person from that House, which is what happened with first appellant.