in his application before the High Court Civil Division, Mabikke contends that the six-member Subcommittee, which recommended the cancellation of his certificate was comprised of members who were not qualified enough to pass judgement on his examinations and academic qualifications of a legal nature.
Mabikke has filed his petitition before the High Court Civil Division in Kampala.
The former Makindye East Member of Parliament, Michael
Mabikke has sued Law Development Center for canceling his Post Graduate Diploma
in Legal Practice.
Through his lawyers
of Semuyaba, Iga and Company Advocates, Mabikke contends that after
successfully completing his four year Bachelors of Law degree at Makerere
University School of Law in 2007, he applied to LDC for a Post Graduate Diploma
in Legal Practice and was admitted.
According to Mabikke, after completing his one-year Bar
Course, LDC issued the results LDC indicating that he had passed exams
and was listed among those who were set to graduate. Mabikke indicates
that he graduated in 2010 and went on to practice law.
He however, says that he was shocked when his Post Graduate
Diploma was cancelled six years later, which means that he can no longer
represent anyone in court. Mabikke is one of the nine lawyers whose post
graduate Diploma in Legal Practice was cancelled in 2016 after being found
guilty of engaging in examination malpractice.
The cancellation followed investigations that were commissioned by LDC to
investigate allegations of examinations malpractices at the institution
covering the period between 2004 to 2011 based on a Forensic Audit Report.
However, in his application before the High Court Civil Division, Mabikke
contends that the six-member Subcommittee, which recommended the cancellation of
his certificate was comprised of members who were not qualified enough to pass
judgement on his examinations and academic qualifications of a legal nature.
He argues that the Sub Committee Chairperson, Dr. Pamela
Tibihikira Kalyegira who served formerly as Dean of Law has never taught or
examined the Bar Course and that whereas James Mukasa Sebugyenyi is an Advocate,
he lacks teaching experience. The same applies to other members like Edgar
Agaba and Florence Ochago.
He also says that the other Sub Committee members like Dr.
Engineer Vincent B. A Kasangaki has neither legal teaching nor examination experience
to appreciate the substance of his script. Mabikke also notes that another
committee member, Rose Izizinga is a secondary school teacher with neither
legal knowledge nor teaching experience as well.
He also contends that the committee didn’t give him a fair
hearing since it was only appointed to investigate and collect evidence but didn’t
have powers to conduct a hearing. Mabikke argues that if the proceedings were
to be taken as a hearing, they don't meet the rules of natural justice.
court to declare that by canceling his diploma, LDC acted irrationally,
unfairly and against rules of natural justice. He also wants court to uphold his award in the said qualification and direct
LDC to compensate him for the inconveniences and embarrassment caused to him by
Court is yet to summon LDC to respond to the application and fix the matter to