By Emeka Amaefula
COURT AWARDS DAMAGES TO MASQUERADE WORSHIPPER IN LANDMARK RELIGIOUS FREEDOM JUDGMENT AS TRADITIONAL INSTITUTIONS, CLERICS AND LEGAL EXPERTS REACT
A High Court sitting in Uyo, Akwa Ibom State, has delivered a groundbreaking judgment declaring the arrest and detention of Mr. Effiong, an Ekpo masquerade custodian, unlawful and unconstitutional. Effiong had been apprehended during the Yuletide festivities after security personnel, acting upon an executive order reportedly issued by the State Governor, moved to restrict traditional masquerade appearances across the state.
In its sweeping ruling, the court affirmed that Ekpo, one of Akwa Ibom’s oldest ancestral ceremonial traditions, enjoys full constitutional protection and cannot be proscribed or criminalised simply by executive directive. In a pointed section of the judgment, the presiding judge declared: “No executive order, directive or security instruction can override the clear provisions of the Constitution of the Federal Republic of Nigeria 1999 (as Amended). The arrest and detention of the Applicant violated his fundamental rights and amounted to a suppression of religious practice recognised by law.”
Reinforcing the supremacy of the Constitution, the court quoted Section 38(1): “Every person shall be entitled to freedom of thought, conscience and religion, including freedom… to manifest and propagate his religion or belief in worship, teaching, practice and observance.”
The court further held that the Ekpo masquerade is not merely a cultural entertainment but a sacred religious form deeply rooted in ancestral observance and spiritual rites. The judge stated: “Traditional Ekpo worship is not a casual display; it is a spiritual identity. Its adherents are entitled to the same constitutional protection available to Christians, Muslims, and other recognised religious communities.”
The court ordered Effiong’s immediate and unconditional release and directed the Akwa Ibom State Government to pay compensatory damages for the infringement of his fundamental rights.
TRADITIONAL COUNCIL REACTION
In reaction, the Council of Elders of the Ekpo Custodianship Union issued a formal statement praising the judiciary for “restoring dignity to indigenous worship rites long subjected to stigma and administrative suppression.” A senior custodian, Elder Udo Nkanta, told newsmen: “Our traditions predate colonial influence, and this judgment confirms that our faith, our masquerade and our spiritual language remain lawful and protected. We are relieved that the court has finally spoken for the ancestors.”
CHRISTIAN AND MUSLIM RESPONSES
Christian leaders in Uyo described the ruling as a reminder that Nigeria legally embraces religious diversity. The Chairman of a local church council remarked: “While our doctrines differ, the Constitution must remain the stabiliser for all faiths. No religious group, including ours, should suffer state repression.”
Muslim scholars in the state likewise noted that peaceful coexistence demands legal protection for all belief systems: “A faith tradition should not be criminalised simply because it is traditional or ancient. The court acted in line with the nation’s plural identity.”
LEGAL COMMENTARY
Prominent constitutional lawyer, Barr. Ekong Etim, described the ruling as a milestone: “What this judgment affirms is that indigenous worship is not a relic that government can silence at will. Section 38 protects belief and practice equally, not selectively. Any further attempt to suppress Ekpo worship may amount to constitutional treason against freedom of conscience.”
He added that state governments must exercise caution when issuing executive security directives that intersect with citizens’ religious identity.
IMPACT ON GOVERNMENT POLICY
The ruling is expected to reshape state-level cultural enforcement policies. Analysts predict that the decision may compel governments nationwide to review restrictions placed on masquerade festivals, traditional processions and ancestral rites that are often labelled as mere “public displays.”
Traditional anthropologists argue that Ekpo worship is not a performative carnival but a coded spiritual system, with rites, initiation rules and ceremonial functions that connect families to ancestral lineage.
LANDMARK AFTERMATH
Local cultural advocates have described the judgment as the most decisive legal protection ever granted to pre-colonial worship systems in Southern Nigeria. Community leaders insist that the state must adopt dialogue rather than unilateral prohibition when addressing traditional festivals.
With this ruling, Ekpo worshippers across Akwa Ibom and beyond believe their identity has finally received judicial affirmation and constitutional validation.
——–Emeka Amaefula —-+234(0)8111813069—-