ETUBOM (DR) ANTHONY ASUQUO ANI ETINYIN OKON EFFIONG OFFIONG CHIEF OFFIONG EYO OFFIONG CHIEF EMMANUEL ENIANG OFFIONG ANTHONY ENIANG OFFIONG (FOR THEMSELVES AND ON BEHALF OF UFOT IKOT NKPOR CLAN, MBIABO IKONETO, ODUKPANI LOCAL GOVERNMENT AREA) V. ETUBOM EKPO OKON ABASI OTU ETUBOM OUT EFA OUT ( FOR THEMSELVES AND REPRESENTING THE ESIT EDIK TRADITIONAL COUNCIL) ETUBOM ESSIEN EKPENYONG EFFIOK ETUBOM OKON ASUQUO ETUBOM MICAH ARCHIBONG ( FOR THEMSELVES AND REPRESENTING ETUBOM’S TRADITIONAL COUNCIL, OBONG’S PALACE)
(2014) JELR 53838 (SC)
Supreme Court
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24 Feb 2014
•
Nigeria
Coram
OLABODE RHODES-VIVOUR JSC (Presided) CLARABATA OGUNBIYI JSC AMIRU SANUSI JSC AMINA ADAMUAUGIE JSC ( Read the Lead Ruling) PAUL ADAMU GALINJE JSC
Appearances
O. F. Ekengba Esq. (with him, Olubola Olusegun Esq.) - for the Applicants.
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Chief Ladi Rotimi Williams (SAN) (with him, Daniella D
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Ikeokwu (Miss)) - for the 1st set of Respondents.
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Nella Andem-Rabana (SAN) (with him, Peter O. AbangEsq.)
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- for the 2nd set of Respondents.
Judgement
<p><strong> AUGIE JSC (Delivering the Lead Ruling): </strong> The appellants challenged the nomination and selection of the 1st respondent as Obong of Calabar, in suit No. HC/102/2008; which they filed at High Court of Cross River State, Calabar.</p><p>The learned trial judge, Ogar, J., delivered his judgment on 30 January 2012, wherein he found in favour of the appellants and granted the seven reliefs sought, including a declaration that:</p><p>“The presentation and/or selection of the 4th defendant (i.e. the 1st respondent), 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 Calabarelect is contrary to natural justice, equity and good conscience.”</p><p>Dissatisfied, the 1st set of respondents appealed to the court below - Appeal No. CA/C/97A/2012. In its judgment delivered on 4 July 2013, the court below ordered that the 1st applicant, who was not capped/in…</p>