Akwa Ibom court orders release of Ekpo worshipper, awards damages against state govt for rights violation, affirming constitutional protection for traditional religion.
In a landmark ruling that strengthens Nigeria’s constitutional guarantee of religious freedom, a High Court in Akwa Ibom State has declared the arrest and detention of a traditional Ekpo masquerade worshipper unlawful and a violation of his fundamental human rights.
The case centred on Mr. Effiong Okon Effiong, an adherent of the Ekpo ancestral masquerade society, who was arrested in Uyo in 2024 during a routine Ekpo performance. Police accused him of “disturbing public peace” and detained him for several days without charge.
Effiong, represented by human rights lawyer Inibehe Effiong (no relation), approached the court seeking enforcement of his rights under Sections 38 (freedom of thought, conscience and religion) and 35 (right to personal liberty) of the 1999 Constitution.Delivering judgment on Thursday, December 4, 2025, Justice Ntong Archibong held that participation in Ekpo masquerade displays constitutes a legitimate expression of indigenous religion and cultural heritage protected by the Constitution.
The court found no evidence that the performance posed any threat to public peace or breached existing laws.“The Ekpo society is an ancient institution deeply rooted in the culture, spirituality and social order of the Ibibio, Annang and Oron peoples,” the judge stated. “Criminalising its public manifestation without proof of violence or illegality amounts to discrimination against traditional religion and a breach of the applicant’s rights.
The court ordered:Immediate and unconditional release of Mr. Effiong Okon Effiong (already complied with after bail was granted pending judgment).Payment of ₦5 million in damages by the Akwa Ibom State Government and the Commissioner of Police for violation of the applicant’s rights.
A perpetual injunction restraining security agencies from further arresting or harassing Ekpo members solely for practising their traditional religion. Legal experts have hailed the judgment as a major victory for Nigeria’s often-marginalised indigenous religious practitioners.
This decision draws a clear line: the state cannot hide under ‘public peace’ to suppress traditional worship while tolerating similar public expressions by Abrahamic faiths,” said constitutional lawyer Festus Ogun.The Ekpo masquerade, a sacred institution among the Efik, Ibibio, Annang and Oron, serves religious, judicial and entertainment functions.
Members, believed to embody ancestral spirits, traditionally enforce community laws and perform during funerals, festivals and initiations. In recent decades, some Christian-dominated state administrations and police commands have restricted or banned public Ekpo outings, citing complaints of noise or fear from non-initiates.Reacting to the ruling, the claimant’s counsel, Inibehe Effiong, described it as “a powerful affirmation that African traditional religion enjoys equal protection with Christianity and Islam under Nigerian law.
Traditional rulers in Akwa Ibom have also welcomed the judgment, with the paramount ruler of Uyo calling it “justice for our ancestors.”The Akwa Ibom State Government is yet to indicate whether it will appeal.
Meanwhile, Ekpo societies across the state have announced plans for peaceful celebrations to mark the legal victory that finally recognises their centuries-old spiritual practice as a fundamental human right.