By Angel Lubowa
KAMPALA
The petitioners in the historical case where a section of Sunni Muslims want High court to end Dr Sheikh Ramadhan Mubajje tenure as Mufti at UMSC have tendered their strong evidence before court and requested for his removal.
Through their lawyers , Farouk Kizito and Kamulegeya Rashid , the petitioners said the whole process of coming up with Mubajje as Mufti was illegal, irregular and a mistake since it did not comply with the UMSC amended constitution.
They sighted articles 7(6), 9(6) and 17(10) among others where the joint session must make rules and regulations to regulate the procedier subject to first approval by the UMSC general assembly which never was.
Similarly the executive committee had to make standing orders which were supposed to be followed but the electors down looked all this let alone working in secrecy as they kept Mubajje’s re_ appointment a secret thus denying the over 9 million Sunni Muslims a chance to know and probably field other qualifying candidates to contest for the Mufti vacant which had become vacant.
” These articles stipulates what the required legal process would have been done but the accused chose to act out side the law , taking influenced wrong unwanted advise from the UMSC legal personnel , Dr Adam Kibwanga.
My Lord it was intentional that the rightful process be ignored to smuggle a person, Sheikh Mubajje who was constitutionally eligible making the whole process illegal and irregular” lawyer Kamulegeya told court.
” The contention is not about electing Mufti in camera but the irregularities there in. The members of the Majiris Usalama are not magicians to know who wants and who don’t want to contest for Mufti office and keeping out other would be contenders intentionally was wrong. We ask court to declare the entire process unfair, irrational and illegal,to declare that Mubajje was iligible and should leave office, seeking an injunction to bar any swearing in of wrongly elected people into offices and the suspension of Magiris Usalama and a responsible organ be put in place following prescribed regulations”, the legal team begged court in summary.
Last week justice Bernard Namanya during hearing of Miscellaneous Cause No. 065 of 2025 directed that either parties maintain a status quo pending disposal of the main suit which is going on.
The case was brought by four applicants — Nsimbe Swaibu, Byansi Twayibu, Kalokora Musa, and Kasakya Musa — against UMSC, Dr. Mubaje, Sheikh Muhamad Ali Waiswa, Sheikh Muhammad Bukenya, and 41 others.
The petitioners are seeking judicial review orders, including mandamus, declarations, and an injunction regarding recent developments within the UMSC.
Present in court were lawyers representing Mubajje and others accused and requested time to study this evidence before bringing their defence. The matter was therefore adjourned until June 10th 2025.
Speaking outside court, Hon Ndaula Ssekyanzi and Hajj Sariman Ssemakula Musaale praised the submissions of the petitioners and urged Muslims to be optimistic that sheikh Mubajje must lose.
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