Court Order in Mubaje Re-election Case Sparks Controversy

By Abdul-Wahid Kakande

As petitioners challenge Mufti Sheikh Shaban Ramadhan Mubaje’s eligibility and the legitimacy of his new tenure, the High Court has issued an order maintaining the “status quo,” leaving the Muslim community confused about who truly holds the reins of Uganda’s Muslim affairs.
Justice Benard Namanya issued the order on June 2, arising from a petition in which a group of Muslims is challenging Mubaje’s re-election as Mufti of Uganda for another five-year term, despite him having reached the mandatory retirement age of 70.
While the petitioners and their lawyers argue that the order bars Mubaje from serving as the Mufti of Uganda until the case is resolved, lawyers for the Uganda Muslim Supreme Council (UMSC), led by Musa Kabega, contend that the order means Mubaje remains in office until the matter is determined, since he had already been elected by the time the order was issued.
Speaking at a function in Butambala recently, Sheikh Obeid Kamulegeya, chairman of the UMSC Shura Council, said that currently, Uganda has no Mufti, and that it is the deputies who are in charge.
Swaibu Nsimbe, Twayibu Byansi, Musa Karoka, and Musa Kasakya—the petitioners in the case—also argue that the order means Mubaje cannot serve as Mufti since he was never presented to the General Assembly, as required under the UMSC constitution.
“So, as we speak now, we do not have a substantive Mufti, and anything he does in light of this order would be in contempt of court. If he continues, we shall file a suit for contempt of court against him,” Karoka said.
Karoka further stated that Mubaje’s letter terminating Sheikh Huzaima Magumba as the District Kadhi of Bugweri is null and void.
On May 26, Mubaje terminated Magumba’s tenure, citing alleged forgery of academic documents, as wrangles within the Muslim community intensified.
Meanwhile, on Wednesday, the plaintiffs—Nsimbe, Byansi, Karoka, and Kasakya—through their lawyer Farouq Kamulegeya, filed their submissions in court, imploring the court to declare that Mubaje is not eligible for re-election after turning 70.
They are seeking a court order directing the Majlis Ulama (College of Eminent Sheikhs) at UMSC to begin the process of recruiting a new Mufti.
Following their submission on Wednesday, the court directed UMSC lawyers to file their submissions by June 10.
After the UMSC lawyers submit, the plaintiffs’ legal team will be given an opportunity to file a rejoinder before both parties appear in court to highlight their submissions—on which the court will base its judgment.
Byansi and the group argue that, having served for more than 24 years—far beyond the 10 years provided for under the new UMSC constitution—Mubaje no longer qualifies for the position, as per Articles 5 and 29(12) of the constitution.
The applicants also want the court to issue a writ of certiorari quashing the resolutions by UMSC organs that extended Mubaje’s term as Mufti for another five years, arguing that the extension is illegal and not provided for in the constitution.
They are further seeking a court order directing the College of Eminent Sheikhs to commence the process of electing a new Mufti, as prescribed in the new UMSC constitution.
The conflict stems from an amendment to the UMSC constitution, which raised the Mufti’s retirement age from 70 to 75.
However, the plaintiffs argue that all UMSC officials, including the Mufti, who have already served for 10 years or more, are estopped from holding leadership positions under the revised constitution.
The outcome of the case will either uphold Mubaje’s re-appointment or bring his tenure to an end.