Court order leaves UMSC factions confused
An order by Lady Justice Faridah Shamirah Bukirwa Ntambi of the High Court in Jinja to maintain the “status quo” at Uganda Muslim Supreme Council (UMSC) has thrown the two warring factions at the Muslim apex body into more confusion with each claiming legitimacy.
On May 7, Bukirwa issued orders resulting from an application filed by Erias Luyimbaazi Nalukoola, the lawyer for the Sheikh Abdallah Ssemambo-led faction regarding the December 22, 2023, order by Lady Justice Alexandra Nkonge Rugadya which “removed Sheikh Shaban Ramathan Mubaje from office.”
In his plea, Nalukoola argued that Sheikh Mubaje had been already retired in public interest by the UMSC General Assembly which convened on December 16 – 17, 2023 at Gangu in Wakiso district, elected Sheikh Ssemambo as the acting Mufti of Uganda. At the time, Ssemambo was Mubaje’s first deputy Mufti.
Since the order to maintain the “status quo” was an outcome of their petition, the pro-Ssemambo faction left the Jinja court in buoyant spirits and urged Mubaje to vacate the Mufti’s office with urgency to avoid being caught on the wrong side of the law.
“The Judge re-echoed the order of maintaining the status quo until the determination of the matter. So, nobody is expected to act to the contrary. Everything should remain as just as Justice Nkonge ordered in December 2023,” Nalukoola told journalists outside the court.
“Sheikh Shaban Mubaje is no longer the Mufti of Uganda, that is why he came here, what kind of deliberations is he talking about when he is no longer the Mufti?” Nalukoola added.
The Mubaje faction had no legal representation during the hearing but its deputy secretary-general, Ali Aluma asked the Court to adjourn the matter for two months to allow them time to engage new lawyers since their initial lawyers, Kabega Musa and Adam Kibwanga Makmot were disqualified from the case.
The Ssemambo faction through lawyers, Nalukoola and Siraj Kakeeto objected to Aluma’s plea arguing that it was one of the Mubaje faction’s usual delaying tactics. They further noted that there was no proof that even if that period is granted, Mubaje and his team will have found new lawyers. Bukirwa agreed to their submission.
Commenting, the UMSC secretary-general, Abasi Mulubya Ssekyanzi, said that the latest orders did not remove Mubaje from office, arguing that in her orders, Justice Nkonge instead stayed the execution and implementation of the resolutions made during the Gangu meeting.
“Until Justice [Bukirwa] disposes off our application to review as per ruling No. 1, the ‘status quo’ should remain. This means all Gangu resolutions are on hold. Sheikh Semambo should not masquerade as acting Mufti,” Mulubya said.
He accused Nalukoola of misleading his clients and advised them to stop acting in “contempt of court.”
It is the unfortunate habit of Counsel Nalukoola et al. to mislead by offering incorrect guidance to his clients. Using his melodramatic and deep Luganda quotes to spin and confuse. The facts are bare. If anyone needs to adhere to the status quo, it is the Gangu group that is in contempt of court as is,” Mulubya said.
