Students & University Administration Battle in Court
Aggrieved students of UNIMAK have instituted a legal action against the college administration, for allegedly being complicit in the discharge of their responsibilities.
The college administration was brought before the High Court of Freetown presided over by the Honourable Justice Abdul Rahman Mansaray J.
These aggrieved students filed an application among other; for the review of the University of Makeni’s decision not to allow certain student to graduate, the university examination policy and section 47 of the University Act.
The applicants by way of notice of motion, are seeking injunctive orders to temporarily restraint the 1st respondent, from holding or organizing the 2024 undergraduate convocation ceremony due on March 16th, 2024, while this application is pending. This application which is supported by the affidavit of John T. Mansaray, counsel on record for the applicants is dated the 7th of March 2024. On March 13th, 2024, B.S. Kamara made enquiries concerning the assignment of the application to the court and demonstrated that they were the ones the applicants were seeking to injunct.
In response, the learned judge indicated to Mr. Kamara that the court’s diary contains no such application. The judge added that, if it is a fresh assignment a date for hearing would be fixed and the partied to be notified, except in cases of real urgency.
Despite the fact that the Judge did not injunct the forthcoming UNIMAK graduation ceremony scheduled for tomorrow, Saturday, the UNIMAK University students that brought the action felt enthused to have taking the bold steps to hold their University administration to account for being complicit in the discharge of their responsibilities.
While it is true that the Judge refused to grant an injunction stopping the graduation from proceeding on Saturday 16th March 2024, he did however allow the Originating Notice of Motion to stand and be moved on the next adjourned date by the lawyer representing the students.
It is vital to also emphasize that the Judge, while denying the injunction request, did indicate that he is of the opinion that the Respondent (UNIMAK) has the capacity and financial muscle to pay huge damages should the Applicants win their case on the merit at the end of the day.
According to lawyer Rashid Dumbuya, Executive Director of LEGAL LINK, “this is unprecedented indeed and we are very proud of these affected students notwithstanding the outcome of the matter.
“The veil of impunity has certainly been pierce and we hope that this legal action brought by ordinary students might incentivize plausible reforms within the ecosystem of not only UNIMAK but also other Universities in Sierra Leone as well,” he affirmed, adding that, LEGAL LINK, is glad that University students at UNIMAK, for the very first time, could stand up for their fundamental human rights and even dare to bring legal actions in the High Court of Sierra Leone against their educational institution for allegedly violating their rights. LEGAL LINK shall continue to keep track of the proceedings as the matter is being looked into on the merit by the learned Judge in April 2024. LEGAL LINK also applauded lawyer J.T. Mansaray who represented the students in the proceedings.
