New judge to hear Mubaje re-election case

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The case concerning the re-election of the Mufti of Uganda Sheikh Shaban Ramadhan Mubaje has been reallocated to a new judge.

High Court Judge Bernard Namanya has been assigned the case following the transfer of Justice Emmanuel Baguma to the Criminal Division of the High Court from the Civil Division of the High Court where the matter was filed.

Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya filed the case against Mubaje, his deputy Sheikh Muhammad Ali Waiswa and the 42 members of the UMSC management, Majlis Ulama (college of eminent sheikhs) and joint session on March 7 this year seeking among others an order prohibiting Mubaje from further serving as the Mufti of Uganda after clocking 70 years.

Byansi and the group argue that having served for more than 24 years far beyond the 10 years provided for under the new Uganda Muslim Supreme Council (UMSC) constitution, Mubaje no longer qualifies for the position as per articles 5 and 29(12) of the Muslim constitution.

The applicants also want the court to issue an order of certiorari quashing the resolutions made by the UMSC organs extending the term of Mubaje as the Mufti of Uganda for another term of five years arguing that the same is illegal because it is not provided for under the UMSC constitution.

They are also seeking an order of mandamus directing the College of Eminent Sheikhs to commence the process of electing and vetting the new Mufti of Uganda as provided for under the new UMSC constitution.

When the parties and their lawyers appeared before Justice Namanya on Wednesday, he ordered them to file their respective submissions not later than May 2 this year.

The judge also fixed the hearing of the interim order and temporary injunction in which the applicants are seeking a court order keeping Mubaje out of office pending the determination of the case to May 6 this year.

The main case has also been fixed for hearing on May 19 this year.

Farouq Kamulegeya represents the applicants while Musa Kabega defends Mubaje and UMSC in the case.

The decision in the matter will either see the election of Mubaje for another term of five years upheld or quashed.

Commenting on the development, Kasakya said they are optimistic that the court will rule in their favour because the college of eminent sheikhs is not clothed with powers to renew the term of the mufti.

“We believe the court will rule in our favour because, under the UMSC constitution, the powers of the college of the eminent sheikhs do not extend to the renewal of the term of the Mufti,” Kasakya said. 

In an affidavit accompanying the application, Kasakya argues that failure by the college of eminent sheikhs to conduct a process of electing a new Mufti contravenes the mandatory provisions of the UMSC constitution as amended in 2022 and the basic principles of good governance.

Ali Kankaka, the ex-Uganda Muslim Lawyers Association (UMLAS) president who was part of the team that spearheaded the amendment of the UMSC constitution argues that Mubaje does not qualify for renewal and if so done would be contrary to the muslim constitution. 

Kankaka argues that the new UMSC constitution puts a cap on officers of UMSC including the Mufti who have been in service for 10 years and above before the inauguration of the new constitution from being elected upon expiry of their term of office.

Who is Mubaje? 

Born in Bungokho in Mbale district, Mubaje has been at the helm of the Muslim body for over 24 years.

He holds a bachelor’s degree in Sharia Law and a master’s degree in religious studies from Makerere University.

Before he was elected the Mufti in December 2000, Mubaje served as the Mbale district kadhi.