The High Court at Jinja has issued an interim order stopping the installation of Sheikh Abdallah Ssemambo as the acting mufti of Uganda.

The restraint order was issued by Dr Winfred Nabisinde on Monday.

“A restraint order is made stopping further execution and or implementation of the orders of this honourable court in company cause number 002/2023 pending the service and hearing of the miscellaneous application number 307/2023 and 306/2023 both arising from company cause number 02/2023 interparty,” Nabisinde ordered.

Nabisinde’s order is in force until December 22 when the two files shall be put before Principal Judge Dr Flavian Zeija for further management.  

This followed an application by the Uganda Muslim Supreme Council (UMSC) for a stay of execution of the court judgment that had permitted members of the Muslim council general assembly to convene a special general assembly to look into the affairs of the Muslim council and immediately file a report with the court.

On December 12, Jinja High Court judge Faridah Shamilah Bukirwa Ntambi ordered members of the Muslim council general assembly to convene a special general assembly to look into the affairs of the Muslim council and immediately file a report with the court.

Ntambi directed that the general assembly special sitting should be presided over by a neutral and independent chairperson who shall be appointed by the said special general assembly sitting at a neutral venue.

The ruling followed a company case filed at Jinja High Court against UMSC by Yudaya Babirye, Burhan Namanya and Hussein Simbwa protesting the manner in which the affairs of the UMSC are being conducted including the continuous sale of Muslim properties in the country.

Election of Ssemambo

On Saturday, a group of about 180 Muslims that described themselves as members of the UMSC general assembly sitting at Ggangu muslim primary school off Busabala road in Wakiso district declared that they had suspended the mufti of Uganda Sheikh Shaban Ramadhan Mubaje from office for six months pending investigations on him over alleged mismanagement of the Muslim affairs.

Consequently, they announced that they had replaced Mubaje with Ssemambo who had been the first deputy mufti of Uganda. Haji Isa Gule was voted as the acting UMSC chairman.

They also instituted a six-member committee to investigate allegations against Mubaje and make a report about their findings within six months.

Mubaje vows not to leave office

Meanwhile, a source who attended a crisis meeting at UMSC on Monday disclosed that Sheikh Shaban Ramadhan Mubaje has since vowed not to leave office until his term expires.

Mubaje came into office in December 2000 and his term ends in 2025 when he clocks 70 years.

“We had a meeting over the matter, members asked the mufti about the possibility of resigning and he said he would not leave office unless the proper procedure has been followed,” the source said.

The source said Mubaje said UMSC has its constitution and it should be followed.

Interreligious Council intervenes

Meanwhile, the Interreligious Council of Uganda (IRCU) headed by Church of Uganda Archbishop Dr Samuel Stephen Kaziimba Mugalu has since intervened in the matter.

Joshua Kitakule, the Secretary General of the IRCU confirmed that efforts to talk to the warring parties at UMSC have commenced.

“We are deeply concerned about the issues at UMSC and we have reached out to both parties for reconciliation and we shall update the country in case of a breakthrough,” Kitakule said.

Genesis of the row

The current crisis at UMSC arises from the sale of the Ssembabule Muslim land. On June 24, 2020, UMSC sold land comprising LRV 3693 folio 12 ranch number 31A measuring 518 hectares at Ssembabule to businessman Justus Kyabahwa at shillings 3.5 billion.

The sale agreement was signed on June 24, 2020, between the parties and Kyabahwa paid shillings 3.5 billion to the UMSC subject to a 12% interest per month in case the UMSC failed to hand over the land to him.

After UMSC and Kyabahwa entered into the agreement, Enterprise Holdings Ltd dragged UMSC, mufti of Uganda Sheikh Shaban Ramadhan Mubaje, ex-UMSC chairperson  Dr Abdul-Kadir Balonde and ex-UMSC secretary general Haji Ramathan Mugalu to Masaka High Court stating that it had a running lease of 15 years on it, which it had secured from Sembabule Muslim district council and that it had also entered into a sale agreement with the UMSC and paid sh280m.

On December 24, 2022, Justice Victoria Nakintu Katamba, issued an order, compelling UMSC to transfer the certificate of title to Enterprise Uganda Limited upon payment of sh620m unpaid contractual price at an interest rate of 24% per annum since 2017 to finalise the transaction.

Consequently, Kyabahwa through his lawyers filed a summary suit at the commercial court seeking recovery of his money in addition to 12% interest per month as contained in the sale agreement.

On August 7, commercial court judge Grace Harriet Magala ordered UMSC to pay sh19b to Kyabahwa but in vain, prompting the registrar to order for attachment of several USMC properties including the Gaddafi national mosque.

The Court of Appeal has since halted the planned attachment of the UMSC properties pending the determination of the appeal by UMSC.