The students’ leadership at Busoga University located at CMS campus in Iganga Municipality has leveled serious allegations against some National Council for Higher Education (NCHE) officials.
In a scathing letter to NCHE Executive Director Prof. Mary Jossy Nakhanda Okwakol, the students assert that these officials are deliberately trying to undermine President Yoweri Museveni’s directive to convert the university into a public institution.
At the heart of the controversy is NCHE’s threat to invalidate the degrees of over 2,000 Busoga University students.
The students’ leadership dismisses this threat as a waste of time, arguing that the university is operational and has never been closed.
This contradicts statements made by Prof. Okwakol in two news interviews published in the Daily Monitor newspaper, where she claimed the university was operating illegally due to its alleged closure.
As can be recalled Busoga University had dragged National Council of Higher Education to the Constitutional Court vide Constitutional Petition No 7 of 2016(Busoga University vs. Attorney General and National Council for Higher Education.
After President Yoweri Museveni-led government took over the university to become public, the two parties amicably agreed that the suit be withdrawn; this was also captured in the MoA.
“…the parties agree that the suit shall be withdrawn and the 2nd and 3rd party undertake to provide the 1st party with a duly filed notice of withdrawal at the signing of this MoA…”reads in part, part of the MoA.
The students are wondering why NCHE continues to make reckless and misleading media statements, yet its top manager’s signature is part of the MoA.
The Guild Council on behalf of the students maintains that the university has been open since the government took over in accordance with President Museveni’s directives issued on January 8, 2018.
The Guild Council members who jointly signed the strongly-worded letter and attached their phone contacts are Lubale Gershom (guild speaker), Kaligida Emmanuel ((guild council member), and Kigenyi Samuel (guild council member).
Cognizant that good projects brought by the government to Busoga always face challenges, courtesy of some indigenous conspirators, the students’ leaders say they view NCHE’s claims as an attempt to thwart the president’s objectives of supporting students and local communities.
Furthermore, the students criticize Prof. Okwakol for failing to provide proper technical guidance during her tenure as a founder and council member of Busoga University.
They accuse her of being influenced by negative forces seeking to undermine her accomplishments.
Some sources also claim that one Taskforce member is using a senior relative at the National Council for Higher Education to secure a job at Busoga University.
What You Need To Know;
The Government represented by the Ministry of Education and Sports (as 1st party) entered into a Memorandum of Agreement (MoA) with the registered trustees of the Church of Uganda (as 2ndparty) and Busoga University (as 3rd party) on 2nd February, 2022.
The MoA was signed by Ms Ketty Lamaro (who was the PS Ministry of Education and Sports), witnessed by Prof Mary Jolly Nakhanda Okwakol in her capacity as the Executive Director NCHE, the Most Rev Dr Stephen Samuel Kaziimba, Rt Rev Nathan Ahimbisibwe the chairperson, Provincial Board of Education, Rt Rev Paul Samson Moses Naimanhye (Bishop Busoga Diocese) and Rt Rev Patrick Wakula (Bishop Central Busoga Diocese) who all signed.
According to very credible sources, the MoA is the general framework and final agreement for the takeover of the assets and ascertained and agreed liabilities of former Busoga University by the first party which is the Ministry of Education and Sports and the Attorney General Kiryowa Kiwanuka Nsumikambi Mugambe on behalf of the government.
The other aspects of the MoA say “…upon signature of this MoA and subject to the fulfillment of the conditions herein by the 2nd and 3rd parties, the 1st party shall take over the assets and ascertained and agreed liabilities of former Busoga university”.
The MoA also says for purposes of this MoA, “…assets shall include real and corporate assets and all things used and held for the beneficial interest of former Busoga University, in whatever name registered, particularly Church of Uganda or Busoga University limited as verified and confirmed by the Auditor General.
Even after everything has been done, the students and members of the general public are asking why parliament has not handled the issue of the Statutory Instrument establishing Busoga University.
The Archbishop of the Church of Uganda the Most Rev Dr Stephen Kaziimba is equally feeling frustrated that some people with ulterior motives are deliberately failing Busoga University.
“…whereas the MoA was signed on the 2nd of February, 2022, this letter to you comes to bring to your notice that the 3rd party and the Registered Trustees of the Church of Uganda (the 2nd party) have completed the transfer of the land/properties to the Government of Uganda in the names of Uganda land Commission-Ministry of Education and Sports as user department…”, Dr Kaziimba writes.
The 9th August,2024 letter to the Minister of Education and Sports Hon Janet K.Museveni as not found its place on the Order Paper of the 11th Parliament, even when its copied to President Yoweri Museveni and Speaker of Parliament Rt Hon Annette Anita Among (AAA),among others.
The Constitutional Court had issued an interim order restraining NCHE from revoking the operation license of Busoga University. The order was issued by Justice Solomy Balungi Bossa on 31st January, 2017.
At the time, Justice Bossa halted the intention of stopping Busoga University from recruiting students, pending the disposal of the main application for a temporary injunction.
One of Uganda’s celebrated legal brains Peter Mukidi Walubiri who was the university attorney remarked: “…the implication of this order is that the university should continue operating normally as if the notice has never been issued by the NCHE, until the main application is determined…’
Busoga University had sued the Attorney General and NCHE after NCHE published in the Uganda Gazette on 19 December, 2016 a notice of intention to revoke its operational license.
NCHE had earlier stopped Busoga University from registering students until the matter was resolved.
But through their attorneys Kwesigabo, Bamwine and Walubiri Advocates, the University petitioned the Constitutional Court arguing that the action was a violation of their rights.
The University contended that the clause in the Act under which NCHE wanted to revoke their license was/is inconsistent with the 1995 Constitution.
Busoga University also said it contravenes Articles 28(1), 30, 40(2) and 44(c) of the Constitution.
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