An Akwa Ibom State High Court in Uyo has given the state government three months to assess and pay proper compensation for taking over a private school or return it to its original owners.
Justice A. Archibong gave this order in a judgement delivered on 14 July 2026.
The case started on 8 August 2022. Five children, including Samuel Ebong, sued as beneficiaries of the estate of their late father, John Ebong. Their father's school, Christian Secondary School, Afia Etoi, was taken over by the then Cross River State Government in 1977.
The Akwa Ibom State Government inherited the school when it was created from Cross River State in 1987. The Akwa Ibom State Secondary Education Board and the Akwa Ibom State Government were the 1st and 2nd defendants in the case.
The school is one of the most populated in Akwa Ibom State. It is located off Oron Road in Uyo, close to Uyo High School, another major public secondary school.
Court documents reviewed by PREMIUM TIMES show that the state government has just over a month left to comply or appeal the judgement. If they fail, the school could face an uncertain future if the plaintiffs enforce the repossession order.
Court confirms owners' right to compensation
The plaintiffs, Samuel Ebong, Ekong Ebong, Moses Ebong, Blessing Ebong, and Peace Ebong, told the court that their late father founded and operated Christian Secondary School in 1972 with his private funds.
They said the then Cross River State Government took over the school by force in 1977.
The plaintiffs argued that the government never assessed or paid compensation for the acquisition, even after their father made repeated demands.
In its ruling, the court said the relevant laws support and guarantee the right of the school's owner to compensation. Justice Archibong also stated that the plaintiffs were entitled to adequate compensation for the acquisition, takeover, and operation of the school.
"That the plaintiffs are entitled under section 13(5) of Education Law, Cap. 44 Laws of Akwa Ibom State of Nigeria, 2000 to be paid adequate compensation for the acquisition, taking over and operation of Christian Secondary School, Afia Etoi, by the 1st and 2nd defendants," the court ruled.
Plaintiffs asked for N430m in compensation and N1.57bn interest
The plaintiffs requested the court to order the state government to pay N430.49 million as compensation. This was based on a valuation report from 29 September 2017 by Godwin Timothy & Co., an estate surveyors and valuers firm.
They also asked for N1.569 billion in interest on what they called unpaid compensation.
But the court did not grant these specific amounts. Justice Archibong rejected the claims for N430.49 million compensation and N1.569 billion interest.
However, the court ordered that proper compensation be assessed and paid.
Government admits to unpaid compensation
The plaintiffs said their father demanded compensation from the Cross River State Government after the 1977 takeover.
According to the affidavit supporting the suit, the government acknowledged the claim in a letter dated 11 July 1978.
They said negotiations started but were never completed before their father became ill and died on 9 June 2016.
After his death, his children renewed the demand for compensation, writing to the Akwa Ibom State Government through the education commissioner on 14 December 2016.
They said the commissioner replied in a letter dated 22 December 2016, admitting the non-payment and suggesting compensation.
The plaintiffs also mentioned that the Akwa Ibom State Secondary Education Board recognized the outstanding claim in a letter dated 14 August 2017.
Later, they hired Godwin Timothy & Co to value the school’s assets, which led to the N430.49 million valuation.
They informed the court that compensation had not been paid despite all the letters and valuation reports.
School may return to the family
The court ordered the government to assess and pay adequate compensation within three months from the judgement date.
If they do not comply, the court said the plaintiffs can take back the school.
"That the plaintiffs are entitled to repossess the school, the subject matter of this suit; if the 2nd defendant fails to assess and pay adequate compensation for the acquisition, takeover, and operation of the school within three months from the date of this judgement," Justice Archibong stated.
"That at the end of the three months, if the 2nd defendant fails to assess and pay adequate compensation to the plaintiffs for the acquisition, takeover, and operation of the school, the 2nd defendant will be stopped from further use and operation of the school," the court said.
This judgement leaves the state government with a big decision: follow the court's order, appeal, or risk losing a school that serves thousands of students.
The lead lawyer for the plaintiffs, Ndifreke Akpan, told PREMIUM TIMES on Wednesday that the state government has not reached out to say whether they will comply or appeal the judgement.
"We had to contact the state government, asking them to comply with the judgement. So far, we have not received any notice of appeal," Mr Akpan said.
The Akwa Ibom State Attorney General and Commissioner for Justice, Uko Udom, did not answer calls seeking his reaction.
Mr Udom, a senior advocate of Nigeria, also did not reply to a question sent to his WhatsApp account about whether the state government will comply with the judgement or appeal it.
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