In an unprecedented move, six students of Makerere University have filed a case against President Museveni challenging his directive of 1st November 2016 that closed the university indefinitely. The order for MAK’s indefinite closure, the aggrieved students say, is unlawful, inoperative, null and void.
Suing the President in his capacity as the ‘Visitor of Makerere University,’ the six law students led by Sam Ssekyewa accuse Pres. Museveni of abusing his powers and exceeding his jurisdiction when he “arbitrarily, irrationally and improperly took the drastic and draconian action of closing [their university] unceremoniously and indefinitely without evidence that the protection of our rights necessitated the impugned directive”.
The students claim that the effect of the immediate removal of students from Makerere’s campus as well as its indefinite closure is to deprive students of their right to access higher education in a just, free and democratic society. The students are being represented by Isaac Ssemakadde of Centre For Legal Aid.
“In the performance of his executive powers, President Museveni was oath-bound to respect, uphold and promote autonomy of the university as an institution, the supremacy of the University Council, as well as the fundamental human rights and freedoms of Makerere’s students. Instead, he disregarded these obligations,” claims Ssekyeewa.
The students add that the president’s directive was an unlawful and unjustifiable prior restraint on the University Council which in their view is supposed to be the supreme organ of the university and the body responsible for the overall administration of the objects and functions of the university.
Sued together with the president is Makerere itself as well as the Attorney General. Makerere’s University Council is faulted for rubber stumping the president’s orders and failing to perform its statutory duties when it “mechanically submitted to and operationalized the president’s ‘midnight directive’ without applying their mind to the situation and asserting the university’s autonomy as it was required to do, indicating an embarrassing failure to perform its duties.
On his part, the Attorney General is sued for the actions of “machine-gun-toting” security operatives led by the Inspector General of Police Mr. Kale Kaihura who “used cruel, inhuman and degrading methods” to implement the impugned directive.
“As students, we were subjected to the indignity of an early morning raid in which they [security operatives] gave us ‘minutes’ to vacate our residences without listening to our pleas for extra time.
Afraid of being shot at, I unceremoniously quit my hostel with a few of my belongings and started walking in the middle of heavy rain towards Rakai District. It was after reaching Bwaise that I started making frantic calls to relatives and friends pleading for some money so that I could travel home.” Ssekyeewa complains.
“Every day since the closure of the university, various messages have been circulating on social media purporting to communicate the reopening date. These messages compelled the Vice Chancellor to issue a statement on 16th November dismissing the social media rumors and reaffirming his ignorance of the opening date.” Ssekyeewa further states in his affidavit.
“The indefinite closure has hampered our career plans, given that some of us are final year students anxiously hoping to graduate on time and join LDC for a post graduate diploma in legal practice. Many others have who were supposed to graduate in January are now dejectedly seated at home with no graduation in sight.” One of the students rues.
Consequently, Ssekyewa, Mushime Moses, Kibombo Francis, Nabatanzi Cissy, Kanyesigye Emmanuel and Turyakira Robert have beseeched Court to declare that the president’s directive and the university’s implementation of the same are unlawful and unjustified. Additionally, they want Court to quash the president’s directive and resolutions of the University Council to implement it; and compel the university to announce a re-opening date.
You must be logged in to post a comment.