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Supreme Court Sacks Obong of Calabar
The Supreme Court has dethroned the Obong of Calabar, His Royal Majesty Edidem Ekpo Okon Abasi Otu V.
The apex court who judgement was delivered by Justice Mohammed Lawal Garba, ordered the kingmakers and Traditional Rulers’ Council to conduct a fresh selection process to produce another Obong of Calabar.
However, the judgment written by Justice Amina Augie and read by Justice Akomoye Agim, stated that the Obong can still contest for the position.
The court held that the the selection process for the new Obong should be held in accordance with the 2002 constitution of the Palace.
A former Minister of Finance under late Gen Sani Abacha regime, Etubom Anthony Ani, had contested the outcome of the selection process of the Obong in Suit No. HC/102/2008, filed by his lead counsel,
Mr Joe Agi, SAN, had on behalf of the former minister sued Otu and others in their capacities as members of the Etuboms’ Traditional Council for not adhering to the screening process of the Western Calabar.
The court ruled that “the 1st Respondent (Etubom Ani) who admittedly was not capped/inducted into the Etuboms’ Council of the Palace of the Obong by the Obong at the time of the selection process was not traditionally qualified and eligible to vote and be voted for as the Obong of Calabar under Exhibit 1/20.
“That the 1st Appellant (Abasi Otu) was traditionally qualified and eligible to vote and be voted for as the Obong of Calabar under Exhibit 1/20 at the time of the selection process”, hence the Appeal court set aside the selection process that produced Etubom Ani as candidate and also set aside the March 31 proclamation of Etubom Abasi Otu as Obong Ordered by the Etuboms’ Conclave of the Palace of the Obong of Calabar, whose mandate it is under Article 5(a) (ii) (iv) of Exhibit 1/20, to do so and it “to conduct another process of selecting a new Obong of Calabar, in accordance with the provisions of Exhibit 1/20 and in strict compliance with the rules of natural justice”.
The Supreme Court has vacated the order of the Court of Appeal which barred the recognition of David Mark as the National Chairman of the African Democratic Congress, ADC.
The apex court on Thursday held that the preservative order by the Court of Appeal was in bad faith, unnecessary, unwarranted and improper.
In a unanimous judgment of the Supreme Court, Justice Mohammed Lawal Garba held that the Court of Appeal ought not to have made such order because it was not sought by any of the parties in the matter.
The Court of Appeal had issued an order of status quo antem bellum upon which the ADC exco under David Mark was de-recognized by the Independent National Electoral Commission, INEC.
With the vacation of the order, David Mark and the other national officers are to be recognized as ADC leaders by the electoral body.
The convention produced the Tanimu Turaki-led factional national executives of the party.
Attention has shifted to the Supreme Court, which has fixed April 30 (today) for judgment in the leadership tussle within the African Democratic Congress (ADC).
A five-member panel led by Justice Mohammed Garba will resolve the appeal filed by the David Mark-led faction concerning the authentic leadership of the party.
Also on Thursday, the court is expected to determine the leadership dispute rocking the Peoples Democratic Party (PDP).
Two PDP factions—one led by Kabir Turaki and the other by the Minister of the Federal Capital Territory, Nyesom Wike—are laying claim to the leadership of the party.
The Supreme Court had on April 22 reserved judgment in the ADC crisis to a date to be communicated to the parties involved in the tussle.
However, on Tuesday, the ADC formally wrote to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, pleading for the quick delivery of judgment in the leadership tussle at the national level.
The party claimed it would suffer irreparable harm if judgment in the protracted battle was not delivered within the period allowed by the Electoral Act for fielding candidates for the 2027 general elections.
It stated in part: “Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 general elections.
“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.”
At the April 22 hearing, Jibrin Okutepa, SAN, who represented David Mark, urged the Supreme Court to allow the appeal, arguing that the apex court had earlier, on March 21, 2025, held that “no court has jurisdiction to entertain matters bordering on the internal affairs of political parties.”
During the hearing, Okutepa urged the apex court to hold that the Federal High Court in Abuja lacked jurisdiction to entertain the suit.
However, Robert Emukperu, SAN, who represented the first respondent, Nafiu Gombe, urged the court to dismiss the appeal and affirm the judgment of the lower court, which held that the suit was premature.
It will be recalled that a three-member panel of the Court of Appeal dismissed Mark’s appeal, ruling that it was premature and filed without leave of the trial court.
In the PDP matter, the first appeal, marked SC/CV/164/2026, stems from a decision of Justice Peter Lifu of the Federal High Court in Abuja, who restrained the party from proceeding with its planned convention pending the determination of a suit filed by former Jigawa State Governor Sule Lamido.
On November 14, the court issued a final order restraining the PDP from conducting its national convention.
Justice Lifu held that Lamido was “unjustly denied” the opportunity to obtain a nomination form to contest for national chairman, in violation of the PDP constitution and internal regulations.
The Court of Appeal later upheld the decision on March 9, prompting the PDP to appeal.
The second appeal, SC/CV/166/2026, was filed by the PDP, its National Working Committee (NWC), and National Executive Committee (NEC).
It arose from a judgment delivered by Justice James Omotosho, which stopped the party from holding its Ibadan national convention.
The Court of Appeal upheld that decision, agreeing that INEC should not validate the outcome of the convention.
After hearing all arguments, the Supreme Court reserved judgment, stating that the date would be communicated to the parties.
