The lead judgement was delivered by Justice Mohammed Lawal Garba and confirmed by Justice Uzo Ndukwe-Anyawu and Onyekachi Otisi upholding the earlier judgement of the lower court that due process was not followed and the selection of the incumbent was null and void.
The Calabar High Court presided over by Justice Obgojor Ogar had in a judgement suit number HC/102/2008 on January, 2012, brought by one of the contestants of the Obong stool, Etubom Anthony Ani, declared the process that brought the Obong to the throne as null and void and restrained the appointed King from participating in any selection for that purpose.
Justice Ogar restrained the Obong from parading himself as the Obong of Calabar until proper election has been done and also restrained the Etubom traditional council, from excluding Etubom Anthony Ani and Nbiabo Ikoneto from any election or selection of an obong.
In an abridged 94 paged judgement that lasted for about an hour, Justice Garba said, “for the breach of principles and natural justice and the first respondent’s, Anthony Ani’s, right to fair hearing, the selection process conducted by the appellant which terminated in the selection and proclamation of the respondent, Otu, by the Etuboms Council is null and void.”
Accordingly, Justice Garba said, the Etubom conclave of the palace of the Obong of Calabar ordered the court to conduct another process of selecting a new Obong in which all qualified candidates including the sixth respondent will be given the opportunity to participate in accordance with the provisions of exhibit 1/20 and in strict compliance with the rules of natural justice.
Reacting to the judgement, council to the Obong, Rebecca Tanga as well as that of Etubom Ani , Bassey Offiong respondent, Etubom Anthony Ani say all hope is not lost following Thursday’s judgement which nullifies the throne and leaves the Obong seat vacant.
