Court Orders Sheikh Lunanoba to Handover to Interim Committee
High Court has ordered the incumbent leadership of the Juma-Zukuli Muslim group to step aside and hand over to an interim committee within seven weekdays. Justice Musa Ssekaana issued the directives Tuesday in closed chambers in his ruling on an application by Sheikh Muhammad Kasamba Tiwayilika, Ismail Kikabi, Adam Kibalama, and Hajji Erias Takuba, through their lawyers of Lukwago, Matovu, and Company Advocates to the High court to stop the activities of the current leadership under Sheikh Muhammad Lunanoba, the president general of the group. The interim committee chaired by Nasser Kibirige comprises four members from the applicants and respondents.
They are Ismail Nsubuga, Hussein Guto, Hassan Senyondo, and Abdul-Aziz Lukwago for the applicants while Salim Mubiru, Erias Nakabale, Ibrahim Kikabi, and Shadia Namyalo represent the respondents. Justice Ssekaana assigned the committee two major roles including organizing a general assembly and spearheading the amendment of the Juma-Zukuuli constitution to among others establish term limits for officials, provide for the protection of the organization’s assets, and separation of powers.
The committee is also required to conduct a forensic audit of the organization and compile a comprehensive report on the properties of Juma Zukuuli and file the reports before the court within six months. However, the committee is expected to file progress reports to the court every sixty days and consult the court on any matters that might arise.
Background to the Case
The applicants petitioned the high court accusing Sheikh Lunanoba and Alhajj Setuba-Malende, the Secretary General of illegally occupying the office following their election on November 10, 2001, by the general assembly. Elected at the same assembly were Sheikh Ali Mpungu, the Deputy president–general, Sheikh Hussein Rajab Kakooza, Sheikh Musa Muguluma, Sheikh Muhammadi Kasamba, the late Hajji Yusuf Nsubuga Nsambu, and Hajji Haruna Nabugwamu and Sheikh Lunanoba as the registered trustees of the group.
Other members elected to the management committee then were, Hajji Ahmada Musisi, Treasurer, Sheikh Abubakari Kasozi, Inspector of Religious Education in the group’s schools, the late Sheikh Nuhu Muzaata, Director of Da-awah, Hajj, and Umra and Sheikh Hussein Kaggwa as a member. However, the petitioners argued that the term of office for the incumbent management committee expired on November 12, 2022, although the respondents insisted that the constitution was amended and their term extended to 2024.
The applicants also accused the respondents of failing to account for proceeds obtained from the group’s properties “and instead chose to enrich themselves at the expense of the group.” Among the properties is a 15-acre piece of land at Mbanda in Butambala, which they claim was let out to different seasonal farmers without directly benefiting the group or its members.
The Juma and Zukuuli Muslim Group in Uganda was incorporated in 1957 and are among the Muslim groups that received mosque land in various parts of Uganda from the colonial government.
