Mubaje floors Ssemambo in the battle for judges

by Abdul-Wahab Kakande

The Mufti, Sheikh Shaban Ramathan Mubaje, got a sigh of relief after the Principal Judge, Dr Flavian Zeija designated Dr Douglas Singiza to handle the case concerning the election of Sheikh Abdallah Ssemambo as acting Mufti of Uganda.

The development resulted from a complaint Mubaje raised to the judiciary against Lady Justice Faridah Shamilah Bukirwa Ntambi of the High Court in Jinja has been handling the case.

In a May 21 letter to the Jinja judge, Zeija stated that the decision was taken in the interest of justice.

“In view of the complaint and in the interest of justice, I hereby reallocate the above-mentioned case file to Hon. Justice Dr. Douglas Singiza Kerekona for expeditious hearing and disposal. Therefore, please transfer the above-mentioned case file and all the applications arising from to Hon. Justice Dr Douglas Singiza Kerekona for further management,” Zeija wrote.

The development comes a week after Mubaje wrote to Zeija, asking him to invoke his administrative power and assign the case file to a different judicial officer. The Mufti accused Ntambi of bias and making inflammatory statements against his personality.

“We pray that you call for the file to review it in light of the above complaint and take any necessary administrative and or judicial action in your capacity as Principal Judge,” Mubaje wrote on May 14, a day before the matter came up for hearing before Ntambi.

This was after Ntambi had disqualified lawyers Musa Kabega and Adam Kibwanga Makmot from representing UMSC in the case on grounds that they were conflicted in the matter because they are members of the UMSC general assembly whose resolution is core to the case. 

Mubaje was also angered by what he termed as “disparaging statements” Justice Ntambi made against him yet he (Mubaje), is not a party to the proceedings.

“…[she] further agreed with the applicants’ lawyers that Mubaje is no longer the mufti of Uganda yet she was well aware that the Judiciary on December 22, 2023, clarified that court had not authorised Sheikh Ssemambo to act as Mufti,” Mubaje wrote.

Mubaje also alleged that Justice Ntambi is allied to the Ssemambo faction which she “incited against the Judiciary and the Muslim community while conducting the proceedings.” 

Commenting on the developments, Elias Luyimbaazi Nalukoola, one of the lawyers for the Ssemambo faction, said that Zeija’s decision means that Mubaje has chosen his “own judge.”