The judiciary is an institution meant to be the bastion of society. For any democracy to thrive, respect for the law and human rights, as well as adherence to institutions established to shape the country are key.

The frequent flagrant insubordination and disregard for court orders – an act clearly capable of weakening the fabrics of the systems and structures of public governance – in the country has assumed frightening dimensions and worthy of discourse. The plethora of court judgments, which have attended the wrangling for the stool of the Obong of Calabar, is both worrisome and embarrassing.

For a throne prided as one of the six prime thrones in the country, the picture that the protracted tussle cuts is simply one that now, more than ever, calls for concerted efforts in bringing an end to the ugly duel of who becomes the next Obong of Calabar.

After years of legal tussle, the Supreme Court recently deposed the Obong of Calabar, Ekpo Okon Abasi-Otu V, upholding the Appeal Court of Calabar’s earlier ruling and ordered a new election.

It would be the first time in the history of the royal throne of the Efiks that the Apex court would dethrone an Obong. Following the verdict of the Supreme Court on Friday January 13, 2023 the seat of the Obong of Calabar remains vacant.

One-time Minister of Finance, Etubom Anthony Ani, and four others instituted the case in April 2008. Etubom Ani, through his counsel, had sought for a declaration that the presentation and/selection of Edidem Otu, who was Chairman of the screening committee for the selection of the Obong of Calabar, was contrary to natural justice, equity and good conscience

Delivering judgment then on the matter, Justice Obojor Ogar, restrained the deposed Obong from parading himself in that capacity pending when a proper election was held to elect a new ascendant to the throne. He also restrained the ETC from conducting any election or selection of an Obong of Calabar without the participation of Etubom Ani and Mbiabo Ikoneto, as doing otherwise would render such acts null and avoid.

Counsel to the Etubom Traditional Council, Paul Eba, who said then that the council was studying the judgment, expressed regrets that the ruling did not make any specific order to the government asking it to withdraw the certificate of recognition it issued to the dethroned Obong.

Counsel to the defendant, Mr. Williams, also asked the court to dismiss the applicant’s claims, saying, “he was not qualified to be Obong of Calabar.
Instructively, prior to the trial, two injunctions were granted as parties agreed to resolve the issues in favour of Messrs Ani and Mbiabo Ikoneto.

It came as a huge relief to Efiks all over the world when the Supreme Court ended the 15-year legal battle, dethroning the Obong of Calabar, Etubom Ekpo Okon Abasi-Otu V., clearing the stables once more for due process to ensue and peace returned to the kingdom. In the judgment written by Justice Amina Augie, and read by Justice Akomaye Agim, the Supreme Court upheld the judgment of the Appeal Court, Calabar, and ordered that a fresh selection process be conducted in accordance with the constitution of the palace.

The protracted battle for the crown and the controversy it has generated stems from the fact that Etubom Abasi Otu was not originally in the race for the obongship, having been chairman of the Screening Committee for a new Obong and supposedly backing Etubom Ani for the throne.

This brings to the fore some moral questions that appeal the dynamics of Clean Hands in quest for justice.
Why did Etubom Abasi Otu suddenly haul himself into the race for the Obong when all along he had been backing Etubom Ani? What happened behind the scenes that gave Etubom Abasi Otu the consent of the Etubom’s Council to enter the race for the Obong?

The answers may not be far-fetched considering the allure and grandeur of the stool and how easily loyalty can shift; but then, these questions immediately point to the fact that somewhere along the line, ethics that should have guided the exercise were dumped or at best compromised, giving vent to the ensuing tussle of 15 years, and calling on the clean hands defense.

The clean hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with ‘unclean hands’. The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as “those seeking equity must do equity” or “equity must come with clean hands.

Apparently one of the parties in this case is seeking equity without having been found to do so. This projects the question of character in kingship and begs the need for kings to be selected on the grounds of possessing certain virtues.

Kings have varied significantly throughout the ages, but there are common traits that apply to many of those who are looked upon favorably by history. Leadership is the crucial ingredient for a great king, but leadership skills and strategies vary by culture, time and personality. Objectivity in leadership is one of the most crucial ingredients for a great king.

An ideal king is one who has the highest qualities of leadership, intellect, energy and personal attributes; integrity, fairness, grasping, retaining, understanding thoroughly and reflecting on knowledge, rejecting false views and adhering to the true ones.

The Etuboms of the Efik Kingdom must realize that doing the right thing would surely earn them a place on the good side of history. The interest of the overall Efiks should necessarily supersede that of a few people and ought to be a guiding factor in selecting a new Obong, hopefully one that embodies the aforementioned attributes.

It would only be civil and in tune with commonsense that the Supreme Court judgment that effectively rendered the seat of the Obong vacant be adhered to and a fresh process of selection instituted, in line with stipulated rules and criteria.
The Efiks deserve better and must not be left behind in an era of renewed hope, but stay ready to latch in on opportunities that the promising strides of the President Tinubu portend.

According to Brutus in William Shakespeare’s Julius Caesar,
“There is a tide in the affairs of men, which, taken at the flood, leads on to fortune; Omitted, all the voyage of their life is bound in shallows and in miseries. On such a full sea are we now afloat, and we must take the current when it serves, or lose our ventures”.

The kingmakers, otherwise the Etuboms Council, who it would seem put the matter in throttle in the first place must realise their primary responsibility and discharge the duty it demands of them without fear or favour.

They must restore sanity to the throne and the pride of the once enviable kingdom and join hands with Mr. President in ensuring unity and peace, become bulwarks in the march towards a new Nigeria of hope, equity, progress and prosperity.

As the selection of a new Obong for the Efiks is awaited, suffice to say “Who the cap fits, – as aptly rendered by the late reggae icon, Bob Marley- Let him wear it.” Ita, a public affairs commentator, can be reached at mannyita3@yahoo.com