The court also ordered another selection process to elect an Obong for the Efik kingdom.
In the ruling read by Justice Mohammed Garba Lawal on behalf of his other two colleagues, Justice Uzor Ndukwe and Justice Onyekachi Okisi, the judges unanimously agreed that the selection process through which Otu became the Obong of Calabar was not all inclusive and thus a new process should be instituted for all eligible persons to undergo.
The court also disqualified Chief Anthony Ani, who is the first respondent, from contesting since he was not a capped chief which is a prerequisite for qualification to contest the post of Obong. Reacting to the judgement, counsel to Ani, Mr. Bassey Offiong, said the "court delivered judgement in part.
"So many issues were in contention including first, whether Etubom Anthony Ani was qualified to contest for the stool. "The court ruled that since he was not capped, he was not qualified to contest for Obongship stool based on the constitution of Obong Council".
Reacting to the ruling, Ani said he would study to judgement before taking a decision whether to appeal or not. He said: "Well, I was not in court and my lawyer just briefed me. So far, I see the ruling as a 50-50 affair.
I will look at it, see how it affects me and may be appeal the judgement. "However, one thing we are sure of for now is that there is no Obong of Calabar because the judgement today has nullified the entire processes. For the Efik people now, there is no Obong."
On his part, counsel to Otu, Mr. A. A. Archi, said the judgement was a vindication that capping was a fundamental requirement for a candidate to be eligible to be qualified to contest for selection, election or appointment to the Obong of Calabar throne.
He said: "The judgement also upheld our view that a learned trial judge, with all due respect, sought to perpetually alter the standing and recognised customs of the Efik which would have affected the lives and people of the community."
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