Court hears case challenging Mubaje’s re-election bid

KAMPALA - The High Court is expected to hear a case today in which a group of Muslims seeks a declaration that the Mufti of Uganda, Sheikh Shaban Ramadhan Mubaje, is not eligible for re-election after turning 70.

Justice Emmanuel Baguma of the Civil Division of the High Court in Kampala is handling the case.

In a judicial review application filed at the court recently, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya argue that having served for more than 24 years—far beyond the 10 years provided for under the new Uganda Muslim Supreme Council (UMSC) constitution—Mubaje is disqualified from being reconsidered for another term, as per Articles 5 and 29(12) of the Muslim constitution.

The four want the court to issue an order prohibiting Mubaje from further serving as the Mufti of Uganda. Mubaje is being sued alongside UMSC and the 43 members of the UMSC management, joint session, and Majlis Ulama (College of Eminent Sheikhs), which is specifically responsible for selecting the Mufti of Uganda under the UMSC constitution.

The applicants also want the court to issue an order quashing the resolutions made by the UMSC organs extending Mubaje’s term as Mufti of Uganda for another five years.

They are also seeking an order directing the College of Eminent Sheikhs to commence the process of electing and vetting a new Mufti of Uganda, as provided for under the new UMSC constitution.

In an affidavit accompanying the application, Kasakya argues that the failure of the College of Eminent Sheikhs to conduct the process of electing a new Mufti contravenes the mandatory provisions of the UMSC constitution, as amended in 2022, and the basic principles of good governance.

Kasakya further states that while the court ruled that disputes within the Muslim community should be mediated by the Muslim Arbitration and Conciliation Council (MAC), there is no information on the appointment, composition, or rules of the MAC known to the Muslim community to date.

This, he says, has left them with no option but to seek remedy from the court.

When contacted, UMSC spokesperson Ashraf Zziwa Muvawala said it is good that they have gone to court.

“This is not new. We shall meet in court and put them to strict proof, and we hope they will abide by the decision,” Muvawala said.

Mubaje’s reign

Born in Bungokho, Mbale district, Sheikh Shaban Ramadhan Mubaje has been at the helm of the Muslim body for over 24 years.

He holds a bachelor’s degree in Sharia Law and a master’s degree in religious studies from Makerere University.

Before his election as Mufti in December 2000, Mubaje served as the Mbale District Kadhi.

Under his leadership, Mubaje worked with President Yoweri Museveni to convince ex-Libyan President Col. Muammar Gaddafi to build the Gaddafi National Mosque, a project that had stalled for decades.

However, he has also been embroiled in several controversies, such as the sale of some Muslim properties.