25/03/2025
The High Court in Kampala has ruled that the case challenging the election of Sheikh Shaban Ramathan Mubaje as M***i of Uganda cannot proceed until all 45 respondents, including Mubaje, his deputies, and members of the electoral college, are properly served.
Presiding over the matter on Monday, Civil Division Judge Emmanuel Baguma found that the petitioners had not effectively served the respondents. He ordered that service be completed by April 16, 2025, ahead of the next hearing scheduled for April 28, 2025.
The case was filed by a group of aggrieved Sunni Muslims, led by Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya, who argue that Mubaje is ineligible for another term as M***i.
They contend that he has exceeded the mandatory retirement age of 70 years, as stipulated in the old Uganda Muslim Supreme Council (UMSC) Constitution. Additionally, they accuse him of mismanaging Muslim property and lacking the transparency required for the office.
However, the UMSC, through its lawyers led by Musa Kabega, argues that the case is a religious matter that should be resolved internally. The council insists that the Majlis Al-Ulama, the religious organ that endorsed Mubajeās election, does not exercise quasi-judicial functions and is therefore not subject to judicial review. It further asserts that the petitioners lack the authority to challenge the election since they hold no vested interest in the M***iās position.
Mubaje, who has led Ugandaās Muslim community since 2000, turned 70 on March 12, 2025. Despite this, he was sworn in for another term, a move the petitioners claim is unconstitutional. They seek a court declaration that his re-election is illegal and an order barring him from serving another term.
One of the petitioners, Musa Kasakya, argues that Mubajeās continued leadership violates the UMSC Constitution and undermines good governance. āMuslims in Uganda have the right to have a M***i elected in accordance with the constitution. Without transparency and accountability, trust will be lacking between the institution and those it governs,ā he states in his affidavit.
In contrast, a nationwide paper advocating for Mubajeās continued leadership cites his achievements and argues that his tenure should be extended to 75 years, as permitted by the revised 2022 UMSC Constitution. The document notes that while the previous constitution set the retirement age at 70, the amendment provides for an extension to 75 under Article 5(5)(b). It also highlights Mubajeās contributions to strengthening the UMSC and maintaining stability within the Muslim community.
