No University Is Above the Law in S/L
By: Augustine Koroma
Journalist and Communications Practitioner
The recent High Court judgment against Ernest Bai Koroma University of Science and Technology (EBKUST) is more than a legal victory for Lawyer and Lecturer Amadu Alusine Kpaka. It is a significant affirmation of the rule of law, justice, and accountability in Sierra Leone.
In its judgment, the High Court, presided over by Honourable Mr. Justice Leonard Taylor, declared the suspension of Mr. Kpaka’s salary and benefits unlawful.
The ruling sends an important message that all institutions, including universities, must operate within the limits of the law. Institutions of higher learning are expected to champion knowledge, integrity, fairness, and respect for legal principles.
They should therefore lead by example in complying with the laws of Sierra Leone.
This judgment follows another recent court decision involving the University of Makeni (UNIMAK), where the Court ruled in favour of a student who had been wrongfully denied graduation. While these decisions concern different circumstances, they raise broader questions about governance, administrative accountability, and compliance with the Universities Act, 2021, within some tertiary institutions.
These developments also prompt important questions about regulatory oversight. Where are the Ministry of Technical and Higher Education and the Tertiary Education Commission (TEC) in ensuring consistent compliance with the legal and governance standards expected of higher education institutions?
Their responsibilities extend beyond approving academic programmes and granting institutional recognition. They are also mandated to monitor compliance with higher education laws, safeguard the rights of students and staff, promote sound governance, and ensure that universities operate within the legal framework established by Parliament.
Where regulatory oversight is insufficient, there is a greater risk that internal administrative processes may depart from the requirements of due process. In some instances, disciplinary procedures have been challenged in court, while concerns have also been raised about grievance handling and decision-making affecting staff and students. Such situations, where they occur, can undermine confidence in higher education institutions and the principles they are expected to uphold.
Universities are entrusted with producing future leaders, professionals, and defenders of justice. For that reason, their internal governance should consistently reflect transparency, accountability, and respect for the rule of law.
The matters that ultimately reach the courts may represent only a portion of the disputes that arise within institutions. Some students have alleged that they were unfairly failed, denied graduation, suspended, intimidated, or subjected to victimisation. Similarly, some lecturers and non-academic staff may choose not to challenge administrative decisions because of concerns about possible retaliation or the financial burden associated with lengthy legal proceedings. While not every allegation is proven, these concerns deserve careful attention through fair and independent mechanisms.
Individuals such as Mr. Kpaka, and others who have successfully challenged administrative decisions through the courts, demonstrate the importance of judicial oversight in protecting legal rights. However, litigation should not become the primary means of correcting administrative shortcomings. Effective regulation, timely intervention, and strong institutional governance are far more desirable than prolonged legal disputes.
This challenge is not unique to Sierra Leone. Across Africa and other jurisdictions, courts have reviewed university decisions where questions arose regarding compliance with constitutional rights, employment law, or administrative fairness. In countries such as South Africa and Kenya, judicial intervention has helped reinforce the principle that universities, regardless of their reputation or status, remain subject to the law.
The concern also extends beyond higher education. Similar complaints have occasionally emerged from other public institutions and private organisations, where employees have alleged unfair dismissals, suspensions, or denial of lawful benefits without due process. In many cases, affected individuals look to regulatory institutions and the courts as avenues for redress.
These circumstances invite reflection on whether existing oversight mechanisms are sufficiently effective or whether further reforms are needed to strengthen accountability. Whatever the underlying causes, effective and timely regulatory oversight is essential for maintaining public confidence in governance and the administration of justice.
If stronger oversight measures are not consistently implemented, public confidence in Sierra Leone’s higher education system could gradually be affected. In today’s digital age, court judgments, institutional reports, and public commentary circulate rapidly across international platforms. Prospective students, development partners, researchers, and investors increasingly consider institutional governance and accountability when assessing the credibility of educational systems.
The Ministry of Technical and Higher Education and the Tertiary Education Commission should therefore continue strengthening inspections, governance audits, complaint-resolution mechanisms, and regulatory oversight to ensure that disciplinary processes and administrative decisions comply with the Universities Act, 2021, and the principles of natural justice.
At the same time, lecturers, students, and employees should be encouraged to report alleged abuses of authority without fear of victimisation. Effective whistleblower protection and independent grievance mechanisms would further strengthen confidence in Sierra Leone’s higher education sector.
The Sierra Leone Judiciary also deserves recognition for continuing to demonstrate its independence and commitment to the rule of law. Judgments such as those involving EBKUST and the University of Makeni reinforce public confidence that the courts remain an essential safeguard for justice, legality, and constitutional governance.
Justice may not always come quickly, but when it does, it reinforces a fundamental democratic principle: authority must always be exercised within the boundaries of the law.
The message emerging from these judgments is clear and enduring: No university, no public institution, and no administrator is above the law.