Nearly five decades after the government took over Christian Secondary School, Afia Etoi, Uyo, without compensating its founder, the Akwa Ibom State Government is facing a fresh legal deadline that could determine the ownership and future use of the institution.
The state High Court sitting in Uyo has ordered the government to pay N1.5 billion to the family of the late founder, John James Ebong, for the acquisition and continued use of the school. The judgment also opened the possibility of the family reclaiming the property if the government fails to comply.
Justice Archibong Archibong of High Court 2, Uyo Judicial Division, delivered the judgment in Suit No. HU/335/2022 and gave the government until October 14, 2026 to complete the assessment and payment ordered by the court.
The case dates back to 1977, when the Federal Military Government introduced the Schools Take-Over (Validation) Decree No. 48, transferring privately owned schools to state governments. Christian Secondary School, established five years earlier with Ebong’s personal resources, was consequently taken over by the then Cross River State Government.
For the Ebong family, however, the government takeover never brought an end to their claim to the property. They maintained that while successive governments operated the school and thousands of students passed through its classrooms, the family received no compensation for the land, buildings or other interests associated with the institution.
The situation continued after Akwa Ibom was created in 1987, when the school became one of the assets inherited from the former Cross River State. It has remained under government control ever since, effectively leaving the founder’s family waiting for redress for almost half a century.
In determining the case, the court found that the continued occupation and use of the property without adequate compensation contravened Section 44(1) of the 1999 Constitution and relevant state laws regulating government acquisition of private property.
The N1.5 billion compensation was based on a valuation report from 2017 covering the land, structures and goodwill of the school. Counsel to the family, Ndifreke Akpan of Star Attorneys, argued that the value of the government’s liability could be substantially greater when inflation and the depreciation of the naira over the intervening years are considered.
Akpan described the protracted dispute as a denial of justice, saying, “For 49 years, everybody has benefited from this school except the owners. That is the height of injustice.” Justice Archibong also characterised the matter in his judgment as “a classic example of delayed justice.”
The implications of the judgment extend beyond the financial liability facing the state. The court ruled that failure to comply within the prescribed period would allow the plaintiffs to seek repossession of the school, alongside a perpetual injunction preventing further government use of the premises.
Concerned about the possible consequences for the institution, the family’s lawyers wrote to the Chairman of the Akwa Ibom State Secondary Education Board on August 31, urging prompt action to prevent disruption of academic activities and further legal proceedings. The family, however, indicated its willingness to resolve the matter through dialogue.
The founder’s children have also appealed directly to Governor Umo Eno, framing the dispute as a question of legacy and fairness. Blessing John Ebong said her father invested his personal resources in education because he believed in its value, adding, “He died without compensation. We are asking government to honour his dream.”
Another son, Samuel John Ebong, said the family was not seeking confrontation with the state but wanted the judgment implemented. “We are not fighting government. We are Akwa Ibom people,” he said, appealing to the governor to establish a committee to facilitate a peaceful resolution.
With October 14 now set as the court’s deadline, the state faces a choice between implementing the N1.5 billion judgment or confronting the possibility of losing control of a school that has remained in government hands since 1977. For the Ebong family, the dispute has become the latest chapter in a 49-year struggle to secure compensation for property taken in the name of public education.
