Council wants Barya case dismissed

By Andante Okanya                                

Lawyers representing Makerere University Council have described as “misguided” a legal suit to remove the acting Vice Chancellor (VC) Prof. Venansius  Baryamureeba and his two deputies and want the case dismissed.

The council backed its argument Thursday last week during the hearing of an application to increase the time frame to enable the plaintiff, university don Tanga  Odoi file an application for judicial review against the council.

Odoi contends that the council has failed to appoint a substantive VC and two deputies.

Prof. Sandy Stevens Tickodri-Togboa is the deputy VC for finance and administration while Prof. Lillian Tibatemwa-Ekirikubinza is the deputy VC for academic affairs.

The parties to the case appeared in court presided by Justice Vincent Zehurikize.

Lawyers Denis Wamala (council) and Musa Ssekaana (Odoi) were present. Odoi was also in court and Makerere's legal officer John Paul Obuya was present.

Judicial review is conducted by the High Court in relation to proceedings plus decisions taken by subordinate courts and inferior tribunals or bodies.

Ssekaana explained why Odoi delayed to file the application for judicial review within the statutory three months after he detected the purported irregularity after Baryamureeba's appointment in November 2009.

He said Odoi acted on compassion, when the council stated that there were interim committees set up to reform the Universities and Other Tertiary Institutions Act.

Ssekaana relied on Odoi's affidavit in support, which asserts that Baryamureeba's appointments were for six months from November 2009 in an acting capacity.

"The misrepresentation that there was going to be reform of the law and that substantive appointments would be made after six months, the applicant being part and parcel of the university believed that this illegality was going to be remedied," Ssekaana  said.

Additionally, he submitted that Odoi sought the intervention of various authorities but to no avail.

He stated that  Odoi wrote to President Yoweri Museveni, the Higher Education State  minister Chrisostom Muyingo,the  Attorney General, and also reminded the council  about the anomaly in the notice  of intention to sue.

‘Misguided application’

But Wamala opposed the application and asked court to dismiss it, saying Odoi's application was misguided and that the delay was a sign of negligence which court should never pardon.

He stated that judicial review rules stipulate that an application ought to be filed promptly within three months after a purported illegality is detected.

"The applicant has waited for 22 months before filing this application, and in my opinion, he is guilty of dilatory conduct. The excuse provided by the applicant that he is seeking intervention, is untenable in law," Wamala said.

He added that it would be illogical to question the appointments of the trio, since they had diligently performed their duties from November 2009 to-date.

Accordingly, the judge said the ruling would be delivered on March 23.