Makerere closure case overtaken by events - AG

May 16, 2017

Anyuru submitted that the reopening rendered the case a mere motion. Both lawyers raised preliminary objections.



The Attorney General (AG), has queried continuation of the Makerere University closure court case, saying its re-opening implied that the matter had been overtaken by events.

The AG's representative senior state attorney Richard Adrole, and university lawyer Simon Anyuru, on Monday made remarks in court presided over by Justice Patricia Basaza-Wasswa.

Last year on November 1, President Yoweri Museveni ordered the university closure, on the prompting of a lecturers' and students' strike. However, it was reopened on December 25, and students resumed studies on January 2.

Immediately after closure, six students studying for Bachelor of Laws degree, petitioned court, challenging Museveni's directive to close the institution his capacity as Visitor.

On Monday, parties to the case had convened at the civil division of the High Court in Kampala. Anyuru submitted that the reopening rendered the case a mere motion. Both lawyers raised preliminary objections.

"The position of the university is that the suit has been overtaken by events. There is little value in hearing the matter. It should be dismissed," said Anyuru.

Adrole said: "I associate with my learned friend Anyuru's position. I add that AG's position is the visitor should not be sued because he is the President of Uganda and thus immune from legal procedures."
But the lawyer of the students Isaac Ssemakadde, submitted that the depth of the case is far beyond the closure and reopening.

"We oppose both preliminary objections. The matter in substance is still alive. There is no legal bar in suing the visitor," Ssemakadde said.
Accordingly, the judge directed the lawyers to write, file, and serve written submissions by May 31. The verdict is scheduled for delivery on June 22.

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