Mufti Mubajje, Basajjabalaba acquitted

Nov 17, 2008

COURT has acquitted three senior Muslim leaders accused of fraud.<br><br>Following the rulling, jubilant faithful celebrate in Kampala as critics remain defiant and plan demonstrations.

By Edward Anyoli
and Henry Mukasa


COURT has acquitted three senior Muslim leaders accused of fraud.

Following the rulling, jubilant faithful celebrate in Kampala as critics remain defiant and plan demonstrations.

Police has since deployed heavily and warned against violence on any of Kampala streets.

Sheikh Shaban Ramadhan Mubajje, the Mufti, Dr. Edris Kasenene, the Uganda Muslim Supreme Council secretary general and vice-chairman Hassan Basajjabalaba are accused of fraudulent disposal of Muslim properties, forgery and conspiracy to commit an offence.

The long-awaited verdict will be a landmark in the history of Islam in Uganda.

The property the officials allegedly sold is worth sh1b. They were sued about two years ago by a section of Muslims thereby creating two factions.

Haruna Jjemba, the Muslims chairman for Kampala, was the complainant.

Former Buganda Road Court Chief Magistrate Margaret Tibulya, who heard the case, is expected to deliver judgment today.

Mubajje, a former lecturer at the Islamic University in Mbale, ascended to the chair as a compromise candidate to reunite Muslims after years of wrangles.

The trial of Mubajje, Kasenene and Basajjabalaba started in March 2007 for allegedly selling plots 30 and 102, on William Street in Kampala, to Haks Express Ltd, a company linked to Basajjabalaba.
The prosecutor said they committed the offences between March and April 2005.

Prosecutor Andrew Odiit brought 13 witnesses, including local government minister Maj. Gen Kahinda Otafiire, to testify.
D
efence lawyer Muzamiru Kibeedi, on the other hand, asked the court to acquit them, citing insufficient evidence.

The anti-Mubajje group has been mobilising its members to be on the alert in anticipation of a conviction, while another faction remains royal to him.

During the trial, the factions hurled insults at each other, while chanting “Allah Akbar,/i>” (God is great). In one incident, a group of district khadis, perceived as the Mufti’s supporters, were attacked by a mob which tugged at their tunics and punched them. The Police had a hard time tearing the groups apart.

In another incident, an unidentified man blocked Mubajje as he left the dock and tried to grab his robes. The Police increased Mubajje’s security thereafter.

CHRONOLOGY OF EVENTS IN THE MUFTI CASE

October 24: Haruna Jjemba takes the officials to court over fraud and forgery

October 26: Mubajje and Kasenene receive summons to appear on November 9, 2006

November 9, 2006: Mufti and Kasenene fail to appear in court.

December 5, 2006: Mubajje and Kasenene skip court for the third time.

January 31, 2007: Muzamir Kibeedi, the Mufti’s lawyer, survives lynching after he failed to appear again.

February 12, 2007: Basajjabalaba is charged over the sale of the property

March 16, 2007: Mubajje finally appears in court and is charged with fraud as rival.

March 23, 2007: Muslims in western Uganda ask Sheikh Nuhu Muzaata, the chief critic, to withdraw the case.

April 16, 2007: Mubajje again fails to appear in court. Court issues criminal summons for Mubajje.

May 2, 2007: A private prosecutor asks the court to reinstate embezzlement charges against the accused, which the DPP had dropped.

May 16, 2007: Former UMSC chairman Ali Adrama tells the court he signed the documents used to transfer council land to Basajjabalaba’s company.

May 30, 2007: A witness says Mubajje also signed the forms

July 4, 2007: The court summons the accused for skipping court again.

August 7, 2007: Basajjabalaba gets an ultimatum to report to the court or face arrest.

August 27, 2007:
Official Ismail Mugomba tells court that Plot 30 on William Street was given out free to Basajjabalaba’s company.

August 30, 2007:
Minister Kahinda Otafiire tells court Basajjabalaba pressed him to lift the caveat on the land

February 12, 2008:
Mubajje’s lawyers ask court to dismiss the charges, citing insufficient evidence.
April 22, 2008: Jubilation when the court said accused had a case to answer.

May 12, 2008:
City tycoon Drake Lubega offers to sell back to the UMSC the land he bought.

July 22, 2008:
The Mufti remained silent when the court asked him to defend himself.

October 9, 2008: Trial magistrate Margaret Tibulya is transferred to Mbale.

November 9, 2008: Vincent Mugabo replaces Tibulya.

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