Through his lawyers of Centre for Legal Aid, 30-year- Daniel Adyera contends that he studied his Bachelors of Laws-LLB from the University of London in 2014 through Long Distance learning and obtained a second-class upper degree.
Daniel Adyera Graduating Bachelors of Laws from the University of London.
An applicant has dragged the Law Development Centre to High Court Civil Division for declining to
enroll him for the bar course on grounds that he studied his bachelor’s degree online.
Through his lawyers of Centre for Legal Aid, 30-year- Daniel Adyera contends that he studied his
Bachelors of Laws-LLB from the University of London in 2014 through Long Distance
learning and obtained a second-class
He, however, says that LDC
has refused to admit him on grounds that he
studied through long-distance learning. To enroll as an advocate in Uganda, one needs to study the bar
course at LDC leading to a Post Graduate Diploma in Legal Practice.
In his petition, Adyera notes that LDC is the sole statutory
provider of the Post Graduate Diploma in Legal Practice, which is the paramount qualification for enrolment
as an Advocate in Courts of Judicature in Uganda.
He argues that the government, which
is the second respondent to the petition, has a duty
to prescribe the regulations for the professional requirements for admission to the
post-graduate Bar Course and qualifications necessary for the eligibility for enrolment
as an Advocate.
petitioner contends that the respondents have resorted to an arbitrary and
unusual practice to exclude some holders of law degrees obtained from a common
law jurisdiction or through open and distance learning alias online/remote learning.
“The first respondent has wrongfully maintained
the non "prescribed condition of requiring applicants holding a degree in
law obtained from a university or institution in a foreign country operating
the common law system to first seek and attach a clearance letter from the Law
Council to one's application letter for admission into the Bar Course”, reads
the petition in part.
Adding that “The second respondent’s (Attorney General)
Law Council has wrongfully condoned the first respondent’s (LDC) impugned
admission criteria, which
has the unjustified and unjustifiable effect of marginalizing holders of LLB
qualifications obtained from common law jurisdictions abroad or through open
distance online and remote learning.
Adyera further alleges that the government's Law Council has
delayed or failed to grant him a clearance letter for his admission and subjected him to further to
saying it will have a meeting with the National Council for Higher Education to seek expert guidance to make assessment and
recognition of professional qualifications obtained through long-distance learning.
This, Adyera says, was supposed to be done ten days from the application deadline
for the 2021/2022 Bar Course intake, which was set for September 10th, 2021. Adyera, who has tried to get admission since 2019 and
further notes that his 2021/2022 intake admission was further complicated when
the Law Council subjected him to unreasonable delay.
This time around by
requiring him at the eleventh hour to contact an authorized official of the
University of London, and seek and obtain certified copies of his academic
documents within ten days prior to the deadline, which had to be certified by the British Council.
As such, Adyera contends that the respondents have jointly
maintained a discriminatory practice that only allows some privileged and well-connected
holders of foreign common law LLB degrees to join the Bar Course whilst
excluding him for unclear reasons.
Adyera now wants the High Court to declare that
the refusal by the LDC to
enroll in the bar course for nearly three years is illegal and
unjustifiable. He also wants
the high court to order the respondents to pay him
damages and costs for the inconveniences caused to him.
The National Council for Higher Education recently cleared
the Law Development Centre and law-teaching universities in Uganda to conduct
their academic Programmes through long-distance learning using the Open,
Distance, and e-Learning (ODeL) model to mitigate the impact of the novel
In May 2020, the High Court presided over by Lady
Justice Esta Nambayo made a landmark decision to the effect that students who
graduate with a Diploma in Legal Practice from countries that do not exercise
common law are not supposed to enroll as Advocates in Uganda.
Justice Musa Ssekaana has issued hearing notices requiring LDC and the Attorney
General to prepare their defense and appear before him on February 10th, 2022
for the hearing
of Adyera’s petition.