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JINJA - A section of Muslims have raged at the Jinja court after they were told that the principal judge had called for the case file where the Uganda Muslims Supreme Council (UMSC) had appealed against an earlier ruling by the court.

During a court session on Tuesday, Justice Faridah Shamillah Bukirwa Ntambi informed court that they can’t go on with hearing of the case because it was called for by the principal judge Flavian Zeija.

“Last week the principal judge called for the case file in Kampala. So, we can’t proceed with the case until we get a response from him in regard to that matter,” Bukirwa said.

She added that court will resume on May 7, 2024, for hearing of the case in case the file is sent back.

Court was supposed to start hearing the main suit of the case after the Jinja High Court stopped lawyers Moses Kabega and Muhamood Kibwanga Makmot from representing the Uganda Muslim Supreme Council (UMSC) in a case that was lodged against the Mufti of Uganda Sheikh Shaban Ramadhan Mubajje.

During the session, UMSC didn’t have any legal representation, however, the second and third applicants made up of 15 people were represented by lawyers Luyimbazi Nalukoola and Peter Allan Musoke while the first applicant (General Assembly) of the UMSC was being represented by lawyer Siraji Kakeeto.

Acting UMSC secretary general Muhammad Ali Aluma was the only one present in court.

Luyimbazi Nalukoola said the conduct of transferring the file was uncalled for as it has kept them in the dark. (All Photos by Doreen Musingo)

Dissatisfied

However, the trio raged saying they were dissatisfied with the way the principal Judge had called for the case file without any formal documentation, which had only kept them in the dark. They noted that this was the second time the principal was calling for the same file.

“The principal judge calling for the file comes as a surprise for our clients because the court has neither written to us nor given an explanation as to why the file was called for. The circumstances are unclear because both lawyers of the second and third responses needed to have been informed,” lawyer Peter Allan Musoke told court.

Luyimbazi Nalukoola said the conduct of transferring the file was uncalled for as it has kept them in the dark.

Lawyer Siraji Kakeeto challenged the violation of court orders by the office that ought to uphold the principles of independence of the judiciary. He said it was not right to call for the fill where the applicant (UMSC ) intends to appeal after their lawyers were thrown out of the case by the Jinja High Court.

In summary

The case arose after the Muslim faithful filed a petition against the UMSC at the Jinja High Court in which they highlighted concerns about the council's conduct, particularly on the ‘illegal’ sale of Muslim properties in the country.

Consequently, on December 12, 2023, Justice Bukirwa allowed the petition and issued several orders including allowing a special sitting of the supreme council at a neutral venue to review the affairs of the council.

During the council meeting held at Gangu Muslim Primary School in Kampala, the General Assembly said they had resolved to suspend Mubajje from the position of Mufti of Uganda.

Members also elected Sheikh Abdallah Ssemambo who was Mubajje’s first deputy as the acting Mufti for a period of six months.