Sheikh Mubaje case: Defective court service derail proceedings

_____________________

A court case seeking to bar Mufti Sheikh Shaban Ramadhan Mubaje from re-election due to age limitations has hit a snag.

On Monday (March 24), Justice Emmanuel Baguma of the Civil Division of the High Court adjourned the hearing, citing improper service of court documents.

The judge noted that only eight of the 45 respondents had been served, emphasizing that each respondent must be served individually.

“The service was not properly effective. The rest of the respondents must be served personally with fresh hearing notices for April 16, when the matter is coming up for hearing,” Baguma directed.

The respondents’ lawyers led by Farouq Kizito Kamulegeya had argued that serving all the 45 respondents through the Uganda Muslim Supreme Council (UMSC) was sufficient since all the individuals are based in the same building.

The respondents include UMSC, Mubaje, Muhamad Ali Waiswa, Muhammad Bukenya, Imran Abdu Noor Ssali, Afan Bamulanzeki, Jameel Byandaala, Sulaiti Kalemire, Twaha Tamale, Ramadhan Kyalisiima, Twaha Khamis Lubega, among others.

The applicants are Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya.

In their application, the group of Muslims seek a declaration that Mubaje is not eligible for re-election for another term after clocking 70 years.

Mubaje, who came into office in December 2000, turned 70 on March 12, 2025, and this sent him into retirement under the old UMSC Constitution. However, the new Muslim Constitution provides that the mufti should be at least 40 years old and can serve one 10-year term until he clocks 75 years.

The applicants argue that having served for more than 24 years, far beyond the 10 years provided for under the new UMSC Constitution, this disqualifies Mubaje from being reconsidered for another term as per articles 5 and 29(12) of the Muslim constitution.

The four want the court to issue an order prohibiting Mubaje from further serving as the Mufti of Uganda.

Through their lawyers, the applicants also want the court to issue an order quashing the resolutions that had been made by the UMSC organs extending the term of Mubaje as the Mufti of Uganda for another term of five years.

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

In an affidavit accompanying the application, Kasakya argues that failure by the College of Eminent Sheikhs to conduct the 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.

Kasakya argues that while the court ruled that disputes within the Muslim community are supposed to be mediated by the Muslim Arbitration and Conciliation Council (MAC), there is no information on the appointment, composition and rules of the said MAC known to the Muslim community to date, leaving them with no option, but to seek remedy from the court.

Mubaje at a glance

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

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

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

Under his leadership, Mubaje worked with President Yoweri Museveni to convince ex-Libyan President Col. Muammar Gadaffi to build the Gaddafi National Mosque, whose project had stalled for decades.

However, he has also been embroiled in several controversies, such as the selling of some Muslim properties.