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Kampala, Uganda | THE INDEPENDENT | The High Court has issued an interim order, restraining Makerere University from disqualifying a student Judith Nalukwago from participating in the Guild Presidential elections.
The order was issued by the Deputy head of Civil Division Emmanuel Baguma on Friday evening pending the determination of the main suit in which Nalukwago sought to challenge the legality of the new changes that were made by the University in the election process.
On April 27th 2021 Makerere University Acting Dean of Students Winifred Kabumbuli wrote to all students asking the contestants in the elections to resubmit their academic documents for a reverification exercise which Nalukwago was opposed to. This is because the nominations had closed way back before Covid-19 lockdown.
Kabumbuli noted that “Eligibility to contest for all leadership positions shall be for only registered continuing students 2019/2020 following the Makerere University Students Guild Constitution Elections Regulations number one of 2018 as amended”.
She also wrote that that for one to contest for leadership for in this election, the whole result of any aspirant for 2019/2020 academic year semester 1 and 2 must be verified and the same must satisfy the condition as stipulated in regulations 5 of the Makerere University Students Guild Constitution.
Kabumbuli added that “in this regard, one of the requirements for eligibility to contest for the elections is that an aspirant must be on normal progress/have no pending retake for the academic year 2019/2020”.
But Nalukwago who wants to contest on the National Unity Platform party ticket was not satisfied with the new directive.
Through her lawyer Henry Byansi, Nalukwago argued that she was going to suffer irreparable damages if the court doesn’t restrain the University from going ahead with the reverification exercise because it was going to create confusion at the University.
Court heard that if the re-verification exercise goes ahead, some students will be verified based on their performance of three semesters while others will be re-verified on two semesters, which is unfair since some colleges didn’t do recess exams while others did following the closure of the University to mitigate effects of Covid-19.
The evidence on court record shows that Nalukwago had previously been verified and issued a certificate to participate in the race before the COVID-19 lockdown came up.
Nalukwago also argued if the University considers last semester’s results for re-verification, some students will not participate in elections as voters because they didn’t do last semester exams and others have retakes.
However, Justice Baguma has restrained Makerere University and Kabumbuli from cancelling the nomination certificate of Nalukwago that was already issued by the Guild Electoral Commission until the determination of the main case.
“An interim order of injunction doth issue restraining the respondents and their agents from disqualifying the applicant or otherwise setting aside her certificate of academic standing until the main Application Miscellaneous Application number 341 of 2021 is disposed of”, reads the order in part.
Baguma has also ordered that in the interest of time, the main case initially fixed for hearing on May 4th 2021 be readjusted for hearing on May 3 2021 due to the urgency and nature of the matter.
According to Baguma, he has also ordered that the interim injunction will run up to Monday next week when the main case will be heard.
The order comes at the time when Makerere University had fixed Saturday May 1st 2021 as the date to issue a certificate of nominations and verification of duly nominated candidates before it announces a new voting date.
Nalukwago’s lawyer Henry Byansi has welcomed the decision.
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