Etubom Ekpo Okon Abasi Otu & Anor V. Etubom (Dr.) Anthony Asuquo Ani & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the leading judgment)

This appeal is from decision of the High Court of Cross River State, Calabar in Suit No. HC/102/2008 delivered on the 30th January, 2012 in which the following orders were made:

“1. A declaration that the presentation and/or selection of the 4th defendant, who was Chairman of the Screening Committee for the selection of a candidate for the stool of Obong of Calabar, as a candidate for the Obong of Calabar throne or purported selection of the 4th defendant as the Obong of Calabar elect is contrary to natural justice, equity and good conscience.

2. A declaration that the purported selection of the 4th defendant as the Obong of Calabar-elect, who is from Adiabo is contrary to the decision of the Western Calabar Traditional Rulers Council that Ikoneto has the exclusive right to produce the next Obong of Calabar.
3. A declaration that the 1st – 5th defendants are estopped from reneging from the decision that it is the turn of Western Calabar and Ikoneto in particular to produce the next Obong of Calabar.
4. A declaration that the 4th defendant (Etubom Ekpo Okon Abasi Otu) is not qualified to be selected and/or appointed, the Obong of Calabar and accordingly his purported selection/screening/election and appointment as Obong of Calabar are hereby set aside.
5. An injunction restraining the 1st – 5th defendants from selecting or purporting to select any person as Obong of Calabar, contrary to the agreement that it is the turn of Ikoneto to produce the Obong.
6. An injunction restraining the Etubom Traditional Council either by themselves, their servants, hirelings, agents, privies or however from carrying out any contest for the selection of a new Obong of Calabar without the participation of Ikoneto or it candidate (the 1st Claimant).
7. The 4th defendant is hereby restrained either by himself, his servants, agents or privies from representing or further representing himself to the general public as Obong of Calabar.”

Appellants and the 2nd set of Respondents were sued by the 1st set of Respondents in which they made claims as follows:

“(a) A declaration that the presentation and/or selection of the 4th defendant, who was Chairman of the Screening Committee for the selection of candidate for the stool of Obong of Calabar, as a candidate for the Obong of Calabar throne or purported selection of the 4th defendant as the Obong of Calabar elect is contrary to natural justice, equity and good conscience.

(b) A declaration that the purported selection of the 4th defendant as the Obong of Calabar-elect, who is from Adiabo is contrary to the decision of the Western Calabar Traditional Rulers Council that Ikoneto has the exclusive right to produce the next Obong of Calabar.

(c) A declaration that the 1st – 5th defendants are estopped from reneging from the decision that it is the turn of Western Calabar and Ikoneto in particular to produce the next Obong of Calabar.

(d) A declaration that the 4th defendant is not qualified to be selected and/or appointed the Obong of Calabar,

(e) A declaration that the Etuboms’ Traditional Rulers Council of the Obong’s Palace refusal to entertain the complaint of the Plaintiffs violated their right to fair hearing.

(f) An injunction restraining the Government from according recognition and/or giving staff of office to the 4th defendant.

(g) An injunction restraining the 1st – 5th defendants from selecting or contesting, or purporting to select any person as the Obong of Calabar, contrary to the agreement that it is the turn of Ikoneto.

(h) An order setting aside the purported selection, screening and appointment of the 4th defendant as the Obong of Calabar.”

The facts which led to the suit as given by the 1st set of Respondents are that in the process of the selection and appointment of new Obong of Calabar, the Etuboms’ Council of the Palace of the Obong of Calabar had written to the Western Calabar Traditional Rulers Council, whose turn it was to produce the next Obong, to nominate candidates from Ikoneto to which the right to the Obongship was said to have been ceded, by agreement, for the exercise. That the 1st Respondent was presented from Ikoneto to the Western Calabar Council, chaired by the 1st Appellant with the 2nd Appellant as Vice Chairman which invited him for screening. That the 1st Respondent was screened along with one other candidate on the day he appeared and he was successful and accepted as the candidate for the stool of the Obong from Western Calabar.

While waiting to be presented by the Western Calabar Council to the Etuboms’ Council of the Obong’s Palace, it was discovered that the 1st Appellant who presided over the 1st Respondent’s screening had turned, surreptitiously and presented himself as the sole candidate to the Etuboms’ Council for the stool of the Obong contrary to the agreement in Western Calabar Council. The 1st Appellant was eventually selected and proclaimed the new Obong of Calabar by the Etuboms’ Council of the Obong’s Palace.