By Ashraf zziwa.
Justice Emmanuel Baguma of the High Court, Civil Division at Twed Towers in Kampala, on Wednesday declined to grant an interim order in Miscellaneous Application No. 0181, arising from a civil suit filed by Nsimbe Swaibu, Byansi Twayibu, Kalokora Musa, and Kasakya Musa against Uganda Muslim Supreme Council-UMSC.
The applicants challenged what they described as attempts by Dr. Sheikh Shaban Ramadhan Mubaje, the Mufti of Uganda to seek an extension of his term. They argued that his tenure should end on March 12, 2025, upon reaching the age of 70, and prayed that he should not be re-elected for another five-year term.
They also sued Deputy Mufti His Eminence Sheikh Muhammad Ali Waiswa, 2nd Deputy Mufti His Eminence Dr. Sheikh Hafidh Muhammad Harunah Bukenya, members of Majlis Ulama (the College of Eminence, which elects the Mufti and the UMSC National Executive, which form the Joint Session—the organ responsible for approving the election of the Mufti.
The matter came up in court on Wednesday, March 12, 2025, with the applicants represented by Counsel Kizito Farouq Kamulegeya, while Counsel Musa Kabega led the UMSC legal team.
Justice Baguma declined to grant the interim order, citing the applicants’ failure to provide evidence that the Joint Session had convened to elect the Mufti or that Mufti Mubaje was set to be sworn in on March 12, 2025.
“Exactly what status of affairs do you want to maintain?” Justice Baguma asked, as the applicants’ lawyers appeared perturbed, failing to provide a clear explanation and instead making assumptions that the Joint Session may have already met or could meet soon to elect Sheikh Mubaje.
UMSC’s counsel also raised concerns about the late service of court documents, arguing that UMSC was served on Wednesday, March 12, at 1:30 PM, yet the application was set for hearing at 2:00 PM. In the interest of justice and fairness, they pleaded for an adjournment to allow UMSC time to respond to the allegations. The trial judge agreed and adjourned the case to March 19th, 2025, marking an initial procedural victory for the UMSC legal team.
UMSC was represented by Hon. Counsel Haj Muhammad Ali Aluma, the Deputy Secretary General in charge of Finance and Administration.
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