| Court Sacks Obong Of Calabar |
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| Written by Bassey Ita, Calabar |
| Monday, 30 January 2012 20:15 |
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2008 sued the Obong of Calabar Edidem Ekpo Okon Abasi Otu and 7 others challenging the verdict of the Etuboms Council in the selection and proclamation of Edidem Ekpo Okon Abasi Otu V as the Obong of Calabar.Justice Obojor Ogar had after receiving final addresses from counsel to Etubom Ani, Mr Joe Agi, (SAN,) counsel to Edidem Otu, Chief Ladi Williams (SAN), and counsel to the Etubom traditional Council, Mr Ukpong Eba adjourned the matter to January 11 for judgment. But for the oil subsidy crisis the matter was postponed to January 27 and later rescheduled for yesterday.Etubom Ani had in his claim and submission by his counsel Mr Agi, sort a declaration that “the presentation and/selection of the 4th defendant (Edidem Otu) who was Chairman of the screening committee for the selection of the 4th Defendants as the Obong of Calabar elect is contrary to natural justice, equity and good conscience.“That the purported selection of the 4th Defendant as the 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 and the 4th Defendant is not qualified to be selected and/ or appointed the Obong of Calabar”.He also sort a declaration that the Etuboms Traditional Rulers Council of the Obong’s Palace refusal to entertain the complaint of the Plaintiff violates their right to fair hearing and an injunction restraining the government from according recognition and/ or giving staff of office to the 4th defendant. Counsel to the defendant, Chief Williams, who was represented by Miss Rebecca Tanga, in his submission asked the court to dismiss the applicant’s claims, saying “that he was not qualified to be Obong of Calabar.” He went on to say that the applicant was given fair hearing was given fair hearing in the process of selection of the Obong of Calabar.Before the trial, these issues were distilled agreed upon by the parties for resolution and all these issues were resolved in favour of the claimants, that is Etubom Ani and Mbiabo Ikoneto and 2 injunctions were granted.Justice Ogar ruled that, any election or selection of an obong of Calabar without the participation of Etubom Ani and Mbiabo Ikoneto is null and avoid and therefore restrained the ETC from doing that.He also granted an injunction restraining “the Obong of Calabar from parading himself as the Obong until proper election has been done”.Counsel to Etubom Ani, Mr. Bassey Offiong who represented the lead Counsel Mr. Agi, SAN expressed satisfaction with the judgement saying the court also granted all the 5 prayers Etubom Ani sort for as stated above and “by implication the Obong has been dethroned because if the court said you cannot parade yourself as what you claim to be because you got it by fraud it means you have been dethroned”.“We are satisfied with the judgment and on the issue of certificate of recognition, “is it the government that installs an Obong. The government acted on certain papers that were presented to it to issue a certificate. So if the court has not specifically said the certificate is withdrawn, it is obvious that it is withdrawn. You cannot carry a paper that has no weight. The certificate of recognition given by the government is of no moment, in fact it is worse than a piece of paper because it was based on fraud”.He said “the first issue was that whether the first claimant, Etubom Ani is qualified to contest the throne of the Obong of Calabar and the Court resolved that he is qualified because they waved it, they invited him. He gave them every thing and they even told that he was qualified. Butv they turned round to produce a fake report which the court said the report they issued was a fake report because they could not substantiate it.“The second issue was that whether Ikoneto is the only ruling house that should present a candidate, the court said yes based on the avalanche of documents available. That the traditional council having written to Ikoneto that you are the only one and also writing a reminder that if you don’t do it your time will expire. So Ikoneto having presented a candidate now, you cannot turn round to say that Ikoneto was not the only ruling house that they were other ruling houses. That if other ruling houses were involved that they should not have written the letter. “The third issue is whether the defendant, that is the obong’s counsel, that is the present obong is traditionally qualified. The court has also resolved that issue that he is not qualified because he never took part in the selection. He was the chairman of the selection interview that tuned turned around to present itself as the candidate. He was an examiner in an examination. He didn’t take the exam, after the students had written, you now submitted your name as the one that passed the exam. That is the summary of what the court has said.“The fourth issue is whether Ikoneto was given fair hearing, that is the first claimant, Dr Ani was given fair hearing. He was not given. So the court upheld that and then made the other injunctions I have just told you”.Counsel to the ETC, Mr. Eba said the Obong is still the Obong and they will study the judgement to go for appeal.He described the judgemnet as “a declaration judgement that Ikoneto has right to contest. Definitely we are going on appeal to determine some issues raised by the Judge” |
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