Speaking to URN shortly after the Tribunal session, Advocate Innocent Okong, of Kob Advocates & Solicitors, representing Dr. Ocita expressed disappointment with the university for using delaying tactics to frustrate justice of his client by failing to produce minutes on time.
The Makerere University Staff Appeals Tribunal
hearing flopped for the second time on Tuesday due to the failure by the
university to table minutes relating to the mass staff sacking in December last
year.
The Appeals Tribunal had scheduled to resume hearing of petitions
by Dr. James Ocita, a senior lecturer in the department of literature, Dr.
Charles Niwagaba, an expert in Automotive, Environmental and Chemical
Engineering from the College of Engineering, Design, Art and Technology – CEDAT
and Dr. John Mushomi Atwebembeire, a population expert in the School of
Statistics at Makerere.
The trio is challenging the decision made by the University
Appointments Board last year. Dr. Ocita was dismissed from the University
for willful insubordination or disobedience and refusal to take lawful orders
from the Vice Chancellor.
Ocita, who is also a former Research Fellow at Makerere
Institute of Social Research –MISR was also faulted by the Board for alleged
use of slanderous, abusive or insulting language or behavior against Prof.
Mahmood Mamdani, the Director of the institute and an unspecified “colleagues”.
Dr. Niwagaba on the other hand was dismissed for allegedly
failing to submit examination scripts and results of students for Course
PIM8102 - Water Resources and Sanitation Management for more than 10 months to
authorities despite numerous appeals from the Dean, School Board, College
Academic Board and Deputy Vice Chancellor Academic Affairs and Vice
Chancellor.
Dr. Mushomi was suspended for four years
without pay for allegedly assaulting his colleague. However, on Tuesday
afternoon, the tribunal Chairperson, George Omunyokol heard from a team of university lawyers lead by Henry
Mwebe, the Legal Director that the university had not furnished the appellants
and the Tribunal registry with the minutes of the Board meeting on the
decision.
The University was ordered to produce the minutes by Friday
March 15, 2019, which they obliged. The matter was adjourned to March 20, 2019
and all parties asked to appear ready for hearing.
Speaking to URN shortly after the adjournment, Innocent Okong
of Kob Advocates & Solicitors who is representing Dr. Ocita expressed
disappointment with the University for using delaying tactics to frustrate
justice for his client.
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The case of Dr. Niwagaba was adjourned to March 20, 2019
because his lawyer didn’t appear. While university lawyer, protested that Counsel
Isaac Ssemakadde of Centre for Legal Aid shouldn’t represent Dr. Mushomi since
there was no notice of instruction from the applicant.
They insisted that counsel Anthony Wameli
Yeboah of Wameli & Co. Advocates who was absent on schedule for another
matter in Nabweru Court was the one on file in a January 3rd 2019 application
to represent Dr. Mushomi.
Even when Richard Wananda from Wameli & Co. Advocates
informed the tribunal that they together with Ssemakadde were jointly
representing Mushomi, Mwebe insisted that he be stopped from representing
Mushomi until he regularizes his appearance.
The matter was adjourned to Tuesday, March 19,
2019.
Ssemakadde told URN shortly after the tribunal that the
University was using several tactics to divert the tribunal and prolong the
proceedings.
He argued that the university lawyers are on a mission to
frustrate staff who appealed by causing delays in the delivery of justice
through endless adjournments and failure to submit documents including minutes
that would be relied on by staff.
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URN’s attempt to speak to the University legal director were
turned town after he dismissed the reporter that; “we don’t argue our law in
press.”
Davidson Ndyabahika
Freelancer