The state government has a little over a month left to comply with or appeal the judgement, failing which the plaintiffs would be entitled to repossess the school.
An Akwa Ibom State High Court in Uyo has given the state government three months to “assess and pay adequate compensation” for taking over a private school or return it to its original owners.
The case was instituted on 8 August 2022 by five children, including Samuel Ebong, who sued as children and beneficiaries of the estate of late John Ebong, whose school, Christian Secondary School, Afia Etoi, was taken over by the then Cross River State Government in 1977.
Akwa Ibom State Government inherited the school following its creation from Cross River State in 1987.
Akwa Ibom State Secondary Education Board and Akwa Ibom State Government were the 1st and 2nd defendants in the suit, respectively.
The school, one of the most populated in Akwa Ibom State, is located off Oron Road in Uyo, close to Uyo High School, another major public secondary school in the city.
According to the court papers reviewed by PREMIUM TIMES, the state government has a little over a month left to comply or appeal the judgement, failing which the school could face an uncertain future if the plaintiffs enforce the repossession order.
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 compulsorily acquired and took over the school in 1977.
The plaintiffs argued that the government failed to assess and pay compensation for the acquisition, despite their father’s repeated demands.
In its judgement, the court held that the relevant laws preserved and guaranteed the right of the school’s owner to compensation.
Justice Archibong also declared that the plaintiffs were entitled under the law 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.
The plaintiffs had asked the court to order the state government to pay N430.49 million as compensation, based on a valuation report dated 29 September 2017 by Godwin Timothy & Co., an estate surveyors and valuers firm.
They also sought N1.569 billion in interest on what they described as arrears of unpaid compensation.
But the court did not grant the specific monetary claims.
Instead, Justice Archibong rejected the plaintiffs’ claims for the specific N430.49 million compensation and N1.569 billion interest.
The court, however, ordered that adequate compensation be assessed and paid.
The plaintiffs said their father had 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 subsequently commenced but were not concluded before their father became ill and died on 9 June 2016.
Following his death, his children renewed the demand for compensation, writing to the Akwa Ibom State Government through the commissioner for education on 14 December 2016.
They said the commissioner responded in a letter dated 22 December 2016, admitting the non-payment and recommending compensation.
The plaintiffs further said the Akwa Ibom State Secondary Education Board acknowledged the outstanding claim in a letter dated 14 August 2017.
They later commissioned Godwin Timothy & Co to value the school’s assets, resulting in the N430.49 million valuation.
They told the court that compensation had remained unpaid despite the correspondence and valuation.
The court gave the government three months from the date of judgement to “assess and pay adequate compensation”.
Failure to do so, the court said, would entitle the plaintiffs to repossess the school.
“That the plaintiffs are entitled to re-possess the school, the subject matter of this suit; if the 2nd defendant fails to assess and pay adequate compensation for the acquisition, take-over and operation of the school within three months from the date of this judgment,” Justice Archibong ordered.
“That at the expiration of the said three months from the date of this judgement, if the 2nd defendant fails to assess and pay adequate compensation to the plaintiffs for the acquisition, take-over and operation of the school, the 2nd defendant shall, by an order of perpetual injunction, hereby be restrained by herself or her agents from further use and operation of the school, the subject matter of the suit,” the court stated.
