By Manny Ita

The maxim “uneasy lies the head that wears the crown” is one that has seemingly been lost in the frenzy of tussle for the coveted crown of the Obong of Calabar.

That this tussle has been raging for 15 years amidst several court judgments portrays glaringly the selfish inclinations of the human mind and the extent it’d go in pursuit of personal gratification and glory in sacrifice of the collective good. It also sadly shows how deeply entrenched in the mud court judgments in the country have been subjected.

Taking a cue from Italian engineer and economist, Vilfredo Pareto’s principle, that 80 per cent of consequences come from 20 per cent of the causes, asserting an unequal relationship between inputs and outputs, the crises that have engulfed the tussle for the throne of the Obong of Calabar, the traditional ruler of the Efiks may well have been subtly fuelled by the King’s Council itself – a small team of surviving members – a section of which seemed to have veered away from due process seemingly more by design than by default.

Although the original observation of this principle also known as the Pareto Rule or the 80/20 rule was linked to the relationship between wealth and population, it can be applied in a wide range of areas and serves as a general reminder that the relationship between actions and consequences are unequal.

Today, the city once referred to as the land of milk and honey or Canaanland, that used to pride itself in its adopted acronym of, Come And Live And Be At Rest (CALABAR), has become a mockery of that status over the protracted battle of who sits on the revered throne of the Obong.

Pareto’s optimal efficiency of resource allocation principle, attained only when a distribution strategy exists where one party’s situation cannot be improved without making another party’s situation worse, also played out when the Supreme Court judgment on January 13, 2023 dethroned the Obong of Calabar, Etubom Ekpo Okon Abasi-Otu V, eliciting wild jubilations.

The courts at every level from state to supreme have set aside the obongship of Etubom Abasi Otu and as such reversed actions to proper selection of a king, which requires that candidates be put forward from the houses of western Calabar but specifically from Ikoneto in accordance with laws of natural justice and equity.

The lead judgment delivered by Justice Mohammed Garba and confirmed by Justice Uzo Ndukwe-Anyawu and Onyekachi Otisi upheld the earlier judgment 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 judgment suit number HC/102/2008 on January 2012 brought by one of the contestants of the Obong stool, Etubom 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 Ani and Mbiabo Ikoneto from any election or selection of an obong, a judgment that for the most part was flagrantly disobeyed as the practice seems to be with court judgments on the stool in contention.

In his judgment 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.”

This decision was reached by the apex court, consequent upon its finding, that Etubom Abasi Otu was selected and proclaimed in an illegal manner, not in consonance with the principles of equity, fairness and natural justice. Consequently, to all intents and purposes the throne of the Obong of Calabar has been declared vacant.

Normally, the Etubom traditional constitution spell out the criteria for selection of an Obong of Calabar in Section 24 and 29 stating that; A person duly and properly nominated/selected to succeed to the Efik throne, shall be accepted by the council of kingmakers if; a. Agnate blood descendant of a founding ancestor of the Efik tribe, b. An Etubom of a Royal House recognised as such by the Obong and Council

A holder of an Ekpe title of any of the recognised Ekpe Iboku lodges (Efe Ekpe Iboku) or be in a position to hold one Apparently, Etubom Abasi Otu fell short of fulfilling these requirements. Additionally no one is expected to ascend the throne of the Obong of Calabar without obtaining the staff of office from the prime pontiff of the revered Ekpe Efik Society or without being properly crowned by Efik principalities – having not done all these, we can then conclude that the claim to the throne by Etubom Abasi Otu is illegal.

The process that resulted in Etubom Ekpo Okon Abasi Otu’s reelection as the Obong of Calabar by the Etubom Conclaves, was flawed and in defiance to an earlier court order. This re-election was criticised by a group of kingmakers still alive and who, as of 2008, were members of the Etuboms’ Traditional Rulers Council of the palace of the Obong of Calabar. They claimed that it had violated the Supreme Court’s ruling.

As a result of this development, the remaining members of the Etuboms’ traditional rulers council of the palace of the Obong of Calabar called a meeting to request that Western Calabar’s traditional rulers’ council submit names of suitably qualified candidates, as per a communiqué issued at the conclusion of their Monday May 15, 2023 meeting.

The communiqué read in part, “By order of the Supreme Court, the selection of a new Obong of Calabar must be based on 2002 Constitution of the Etuboms traditional rulers council, again, by implication of the said judgment, the surviving members of the Etuboms traditional rulers council as constituted in 2008 are seven in number.”

The selection of a new Obong of Calabar according to the order of the Supreme Court must be based on the 2002 constitution of the Etuboms Traditional Rulers Council, again and by implication of the said judgments, the surviving members of the Etuboms Traditional Rulers Council as constituted in 2008 are seven in number, these are the only persons who have the authority to convene a meeting of the Etuboms Traditional Rulers Council for this purpose. Therefore, pursuant to article 5a (i) of the 2002 Constitution of the Etuboms Council, the only Etuboms who can participate in the Etuboms Conclave are the following Etuboms:

Etubom Essien Ekpenyong Efiok, Etubom Micah Archibong VI, Etubom Bassey O. B Duke, Etubom Nyong Effiom Okon JP, Etubom Cobham M. Boco, Etubom Okon E. O Asuquo and Etubom Ekpo Okon Abasi Out.

This is so because all other persons who subsequently became Etuboms thereafter were all not members of the Etuboms Traditional Rulers Council as of March31, 2008.

The Etuboms stated that the results of the intended meeting would be made public following the conclusion of all required customary procedures.

To all concerned and in the interest of the rule of law, the illegality, injustice, and impunity surrounding the stool of the Obong of Calabar cannot be allowed to continue.

The culture of court judgments being held in contempt must be discouraged in the interest of all and the sanctity of the rule of law. The Etuboms Council must determine to do the right thing and bring this wrangling to an end.

The Obong of Calabar is among the six first-class treaty kings which also include the Sultan, of Sokoto, the Ooni of Ife, and the Oba of Benin. This stool must be restored to its dominant position as one of the six first-class treaty kings.

Ita is a public affairs commentator.

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