College of Sheikhs dragged to court over Mufti re-election

Kampala, Uganda | THE INDEPENDENT |  A group of Sunni Muslims has sued the College of Eminent Sheikhs and the top management at the Uganda Muslim Supreme Council (UMSC) over the continued leadership of Sheikh Shaban Ramadhan Mubaje as the Mufti of Uganda. The petitioners are Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya.

They accuse the officials of unfair, illegal, and irrational handling of the Mufti’s position. Those named in the suit are Sheikh Mubaje, the Mufti of Uganda, and his deputies, Sheikh Muhamad Ali Waiswa and Sheikh Muhammad Bukunya.

The others are Sheikh Ssali Imran Abdu Noor, Sheikh Afan Bamulanzeke, Sheikh Jameel Byandala, Sheikh Sulaiti Kalemire, Sheikh Twaaha Tamale, Sheikh Ramadhan Kyalisima, Sheikh Khamis Lubega Twaaha, Sheikh Ahmad Muntu, Sheikh Isa Manghalia, Sheikh Ismail Ali Omona, Sheikh Muhamada Mukungu, Sheikh Hussain Walugemba, Sheikh Okyaya Mubarak, Sheikh Ib Makit Ramadhan, Sheikh Hamdan Musa, Sheikh Matasi Badru Harun, Sheikh Ismail Lukeberwa, Sheikh Muhamad Kamoga, Sheikh Sulaiman Sentamu, and Prof. Muhamad Lubega, the National UMSC chairperson.

In their application filed before the Civil Division of the High Court in Kampala, the petitioners seek a court order declaring that Sheikh Mubaje is ineligible for re-election as Mufti. They argue that he will reach 70 years on March 12, 2025, and has already served for 24 years, having assumed office on December 11, 2000.

Sheikh Mubaje will turn 70 on March 12, 2025, which was the mandatory retirement age for the Mufti under the old UMSC Constitution, but the 2022 amended UMSC extended the Mufti’s retirement age to 75 years under Article 5(5)(b). However, the petitioners contend that Sheikh Mubaje’s tenure should end on that day and that the office of the Mufti should be vacant as of Wednesday.

They allege that the public, particularly the Muslim community, is in a state of anxiety because no formal preparations or arrangements have been made to elect a new Mufti under the amended constitution. According to the plaintiffs, the failure to conduct an election for a new Mufti violates the mandatory provisions of the UMSC Constitution and the principles of good governance, amounting to an abuse of office.

They argue that as Muslims, they have the right to have a Mufti elected under the constitution. As stakeholders and primary beneficiaries of the UMSC, they seek accountability from those who took an oath of allegiance to serve impartially.

“The Constitution for the first respondent provides for the Muslim Arbitration and Conciliation Council (MAC) to mediate some issues or disputes amongst Muslims, but to date, there is no information on the appointment, composition, and rules of the said MAC known to the Muslim community to facilitate the mediation process,” reads the case.

Court records indicate that the plaintiffs have repeatedly requested information about MAC from the UMSC Secretary General, but their requests have been ignored. Musa Kasakya, one of the plaintiffs, has sworn an affidavit in support of the lawsuit, stating that he is well-versed in the UMSC Constitution.

According to Kasakya, transparency and accountability are critical for the efficient functioning of an institution and for fostering social well-being. He claims that Sheikh Mubaje has served as Mufti for over 24 years, exceeding the 10-year term limit set by the UMSC Constitution. “The respondents’ failure to conduct the process of electing a new Mufti contravenes the mandatory provisions of the UMSC’s constitution and basic principles of good governance,” Kasakya states.

However, URN has since established that the 10-year limit was introduced in the revised constitution. Article 5 (7) of the old UMSC constitution provided that “…. The Mufti and Deputy Mufti shall remain in office until they are 70 years old.” He further notes that Muslims in Uganda have the right to have a Mufti elected under the constitution. “Without transparency and accountability, trust will be lacking between the institution and those whom it governs,” reads Kasakya’s affidavit.

The plaintiffs seek several declarations and orders, including a declaration that the respondents’ actions are unfair, illegal, and irrational and an order prohibiting Sheikh Mubaje from serving another term as Mufti. The case is yet to be assigned to a judge who will schedule a hearing. The respondents have not yet filed their defense.

According to a nationwide paper that recommended extending Sheikh Mubaje’s tenure, he has served with dedication and distinction as the head of the Muslim community in Uganda under the government-recognized UMSC. His tenure has reportedly been marked by numerous achievements that have strengthened the UMSC and enhanced its ability to serve Muslims effectively.

This cited article 29(9) of the amended UMSC Constitution that provides that “The retirement age of the UMSC employees shall be sixty-five except the Joint Session may retain such a person on an extended contract not exceeding five years.

The Executive Committee, as the principal organ, and the Board of Directors under Articles 8(7) and 8(8)(i), have the constitutional duty to guide this matter. The nationwide paper aimed to clarify the National Executive Committee and Majlis Al Ulama’s decision to extend Sheikh Mubaje’s tenure to the new mandatory retirement age of 75 years.