For forcefully taking over a private school – Christian Secondary School (CSS), Afia Etoi, in Uyo local government area and converted same to public school over 49 years ago, the Akwa Ibom State High Court has ordered the Governor Umo Eno – led government to pay N1.5 billion as due compensation to the family.
Delivering judgment in Suit No. HU/335/2022, Justice Archibong Archibong of High Court 2, Uyo Judicial Division, gave the government until October 14, 2026 to complete assessment and payment.
The court held that the continued occupation and use of the school by the State without compensation violated the relevant Sections – 44(1) of the 1999 Constitution, and CAP 44, Laws of Akwa Ibom State 2000, which mandate payment of adequate compensation where government acquires private property.
Justice Archibong further ruled that failure to comply within three months would entitle the plaintiffs — children of the late founder — to repossess the school, while a perpetual injunction would restrain the government from further use of the premises.
The particulars of the case as captured in the Court records show that the School in dispute was established in 1972 by the late Mr. John James Ebong, with personal funds with which he acquired land, constructed classrooms and ran the school for five years.
LEADERSHIP learnt that in 1977, the then Federal Military Government under Gen. Olusegun Obasanjo, promulgated the Schools Take-Over (Validation) Decree No. 48, which transferred ownership of all private schools to State governments, forcing the then Cross River State Government to take over the school with no commensurate compensation payment.
The family recalled that when Akwa Ibom State was created in 1987, the school became one of the assets inherited from Cross River State, noting that “since then, successive administrations have operated the school, producing thousands of graduates, but with no entitlement paid to the founder, the late Ebong’s family.
Therefore , they maintained that the N1.5 billion figure was based on a 2017 valuation report tendered in Court by the plaintiffs, covering land, buildings and goodwill.
However, the Lead counsel, Ndifreke Akpan, Esq. of Star Attorneys, argued that due to inflation and naira depreciation, the liability in 2026 could be much higher when arrears are computed.
“The N1.5 billion is what it was worth in 2017,” Akpan, recalled, arguing that “Justice delayed is justice denied for 49 years,” regretting that everybody has benefited from the school except the owners, describing it as “the height of injustice.”
Justice Archibong, in his judgement, described the case as “a classic example of delayed justice.”
Urging for quick adherence to the judgement, the lead lawyer, Akpan, disclosed that on August 31, 2026, Star Attorneys wrote to the Chairman, the State Secondary Education Board (SSEB), seeking immediate steps toward compliance “to avoid disruption of academic activities and further legal embarrassment.”
He said the family was open to dialogue but insisted the judgment must be implemented even as
the children of the late founder said the struggle was about legacy, not just about money.
Ms. Blessing John Ebong stated,“Our father sold his personal property to build that school in 1972 because he believed in education. He died without compensation. We are asking government to honour his dream.”
Mrs. Peace Ekpenyong added, “We have been patient. We believe in the compassion of the ARISE Agenda of Governor Umo Eno. We trust he will do the right thing.”
Also, Samuel John Ebong, the son, explained that “we are not fighting government. We are Akwa Ibom people. We are appealing to His Excellency, Pastor Umo Eno, to set up a committee and ensure this compensation is paid. Let peace reign.”
