Court Upholds Dismissal of Teachers Accused of Forging Academic Documents

Twenty former teachers in Nakaseke District who were dismissed for allegedly forging academic documents to obtain promotions have lost a court case in which they sought to overturn the decision of the District Service Commission.

In 2024, the Nakaseke District Chief Administrative Officer (CAO) dismissed the 20 teachers from service and ordered that they forfeit all employment benefits. Those dismissed include Keefa Luyirika, Ruth Male Ntabadde, Julius Turyamureeba, Christopher Kasule, Esau Kakoma Ssebuufu, Zamu Nansubuga, Henry Kasule, Godfrey Isiko, Annet Namawejje, and Paul Ssejjuko Gamwenya.

Others are Fred Nkona, Gorreti Nakanwagi, Emmy Segawa, Henry Matovu, Andrew Lukanga, Wilson Kalega, Martin Kirunda, Nestorius Nuwenyesiga, Geofrey Kigonya, and Alfred Laber Ocaya.

Investigations conducted by the Inspector General of Government (IGG) found the teachers guilty of forging academic documents to secure promotions from classroom teachers to headteachers. The IGG subsequently directed Nakaseke District authorities to terminate their employment.

Following the directive, the CAO also ruled that the affected individuals would no longer be eligible for employment in the public service, citing the use of forged academic qualifications to obtain promotions.

However, through M/s Sam Sserwanga & Co. Advocates, the teachers filed an application for judicial review before the High Court in Luwero. They sought to have the dismissal decision quashed, arguing that it was tainted with illegality, irrationality, and procedural impropriety.

The applicants also asked the court to compel Nakaseke District to withdraw the dismissal letters submitted to the District Service Commission and reinstate them as teachers or deputy headteachers. They argued that the positions had been obtained using genuine academic documents.

In response, Nakaseke District, represented by Chief Administrative Officer Sarah Nakalungi and Zephania Kityo Mukasa, a member of the District Service Commission, maintained that the decision to dismiss the teachers was lawful and made by a competent authority acting within its statutory mandate and in accordance with due process.

On this basis, Justice Faridah Shamilah Bukirwa Ntambi dismissed the application with costs awarded to the district in a ruling delivered today, Wednesday. The judge noted that the applicants had failed to demonstrate that they first appealed to the Public Service Commission, as required under the Local Governments Act and the Public Service Standing Orders, before seeking judicial review.

She observed that the teachers had not presented any evidence demonstrating that exceptional circumstances existed to justify bypassing the statutory dispute-resolution mechanisms provided by law. “In those circumstances, this Court is satisfied that the applicants approached the Court prematurely and in disregard of the statutory dispute resolution mechanism provided by Parliament,” Justice Bukirwa ruled.

On the allegation of illegality, the judge held that the applicants were public officers serving under Nakaseke District Local Government and therefore fell within the disciplinary jurisdiction of the District Service Commission.

She stated that the Commission acted within the powers expressly granted to it under the law when it initiated disciplinary proceedings and later dismissed the applicants from service.

“The applicants have not demonstrated that the Commission acted outside the scope of the powers conferred upon it by the Local Governments Act or that it misdirected itself in law in reaching the impugned decision,” she ruled.

Regarding claims that the district acted irrationally, the judge noted that the submission of false or questionable academic credentials for purposes of promotion in the public service directly affects the integrity and trustworthiness of a public officer.

“In those circumstances, the decision of the disciplinary authority to impose the sanction of dismissal cannot be said to be so unreasonable as to meet the high threshold of irrationality required in judicial review proceedings,” she ruled.

The applicants had also argued that the disciplinary process was procedurally improper because they were collectively invited to defend themselves.

However, Justice Bukirwa ruled that there is no provision in the Public Service Standing Orders prohibiting administrative bodies from conducting joint disciplinary proceedings where several officers are implicated in the same misconduct arising from a common set of facts. She explained that the law only requires that each affected officer be given a fair opportunity to respond to the allegations made against them.

In conclusion, the judge held that even if the court were to assume that the application was properly before it despite the applicants’ failure to exhaust the available statutory remedies, the teachers had still failed to prove that the decision was tainted with illegality, irrationality, or procedural impropriety.

“As a result, this application is dismissed with costs to the respondent,” Justice Bukirwa ruled in the decision delivered through the Electronic Court Case Management Information System on Wednesday morning.