A High Court sitting in Calabar, the Cross River State capital has dismissed a suit which sought the dethronement of the Obong of Calabar, His Eminence Edidem Ekpo Okon Abasi-Otu V, over alleged flaws in the reselection processes.
Recall that the Supreme Court had, on January 13, 2023, in a judgment which appeared to have disqualified a contender to the coveted throne, Etubom Anthony Ani but qualified Edidem Abasi Otu to recontest, ordered the Kingmakers to conduct another selection.
Again, Edidem Abasi-Otu had re-emerged unanimously as Obong for the third consecutive time.
Despite the government of Cross River State, in November 2023, accepting the reselection of Edidem Abasi-Otu V, the faction loyal to Etubom Ani rejected it and headed to the High Court again.
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The claimants, who were Etubom Essien Efiok, Etubom Okon Asuquo and Etubom Micah Archibong, prayed the court, in suit number HC/278/2023, to nullify the selection process and declare their preferred candidate, Etubom Ani, as the new Obong of Calabar.
Defendants in the case were Edidem Abasi-Otu V, Ntiero Edem Ofiong Efiwat, Edem Ita Essien Ededem, Government of Cross River state and Attorney-General of the State.
Surprisingly, in November 2024, Etubom Essien Efiok, who was the principal Claimant and whose statement on oath formed the basis for the Claimants’ case, sought to withdraw from the case ‘in the interest of peace.’
The Ani’s group immediately sought to substitute him with Etubom Etim Nsa Ephraim, who wasn’t a member of the Etuboms Council, and then, the legal fireworks of objections continued.
However, in yet another dramatic twist, the Claimants, on February 14, 2025, applied to the court to discontinue the case and sought “an order granting leave to the claimants/applicants to discontinue the proceedings in this suit wholly or entirely.”
This time, the Defendants did not object although they set some conditions.
Expectedly, the court, presided over by Justice Elias Abua, on March 4, 2025, granted the prayers of the applicants and accordingly dismissed the suit, submitting that “the application for withdrawal of the suit which a date has been slated for hearing is one deserving of a dismissal and not striking out.”
Justice Abua added that “An application for an order of the honourable court granting leave to the claimants/applicants to discontinue the proceedings in this suit wholly and entirely, is granted in part only as the suit is hereby ordered dismissed. In the spirit of brotherhood, the court orders that parties bear their costs.”
Reacting, Mrs Nella Andem-Ewa (SAN), lawyer for the Obong of Calabar and other defendants, said “the complainants’ withdrawal was made after the parties had reached the stage of ‘No Retreat! No Surrender’ or ‘litis contestatio,’ and the court agreed that issues had been joined, making dismissal the proper order.
“The judiciary remains the hope for all, providing a beacon of justice and fairness in the face of protracted litigation.”
In a chat, one of the Claimants, Etubom Micah Archibong, said the discontinuation of the suit was for the interest of peace in Efik land.
“The parties have agreed that the matter should not go on anymore. They want to be at peace. As a person, I’m no longer interested in the matter. My name has been used negatively and positively across the board. I think I need some rest,” he submitted.
