Jinja High court to rule on petition against UMSC lawyers

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JINJA - The High Court in Jinja is today, April 15, 2024, set to rule on a protest against lawyers representing the Uganda Mulism Supreme Council (UMSC).

The development comes after lawyers of the UMSC general assembly protested against the team representing the UMSC in a case against Mufti of Uganda Sheikh Shaban Ramadhan Mubajje.

In the case before Justice Faridah Shamillah Bukirwa Ntambi, the first applicant (General Assembly) is being represented by lawyer Siraji Kakeeto, while the second and third applicants made up of 15 people are represented by lawyers Luyimbazi Nalukoola and Peter Allan Musoke.

Why they cannot represent UMSC

According to the petitioners, Moses Kabega and Muhamood Kibwanga Makmot, the lawyers defending UMSC are members of the UMSC General Assembly and, therefore, cannot represent it.

The earlier complaint was raised during a court hearing presided over by Ntambi after listening to all parties. Ntambi adjourned the matter to April 15, 2024, when she will rule on whether Kabega and Makmot will be retained as UMSC lawyers or not.

The applicants’ lawyers had told court that the duo representing the UMSC cannot go on with the case because at one point they may be required to testify as witnesses since they are members of the General Assembly.

They also argue that the two lawyers representing UMSC as defence lawyers are against article nine of the Advocates' Code of Conduct.

Part of our mandate

Kabega had reasoned that being a member of the legal committee of the UMSC, was part of his mandate to represent the body (UMSC) while Makmot is the chief legal adviser of the same committee.

He noted that both have a right to defend the UMSC in such a case adding that  Makmot being the chairperson of the legal committee works equally as the Attorney General (AG) who represents government.

Kabega added that as they take up this mantle, they can never come up as witnesses of the UMSC because they are already defence lawyers in court.

Nalukoola had insisted that the two learned friends should withdraw from the case to stop wasting court’s time.

The case arose after Muslims filed a petition against UMSC at the High Court in Jinja in which they highlighted concerns about the council's conduct, particularly on the alleged illegal sale of Muslim properties in the country.

Consequently, on December 12, 2023, Justice Bukirwa allowed the petition and issued several orders including allowing a special sitting of the supreme council in a neutral venue to review the affairs of the council.

During the council meeting held at Gangu Muslim Primary School in Kampala, the General Assembly said they had resolved to suspend Mubajje from the position of Mufti of Uganda.

Members also elected Sheikh Abdallah Ssemambo who was Mubajje’s first deputy as the acting Mufti for a period of six months.