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Lawyers protest as Principal Judge recalls UMSC leadership row file for second time, assigns new judge
Combo: Sheikh Abdullah Ssemambo (R) and Sheikh Shaban Mubajje (R). PHOTOS/ FILE
What you need to know:
- The case file was reassigned to Justice Douglas Singiza
- The anti-Mubajje faction through the acting UMSC chairperson Issa Gule asked the Principal Judge to reverse his decision, saying it had opened another front of disagreements among the Muslim community.
Jinja High Court Judge Faridah Shamilah Bukirwa has been kicked off a case in which Uganda Muslim Supreme Council [UMSC ] is challenging the election of Sheikh Abdullah Ssemambo as acting Mufti, replacing embattled Mufti of Uganda Sheikh Shaban Mubajje.
On May 15, 2024, Justice Bukirwa who has been hearing the case gave the two parties between May 22 and May 29 to file their written submissions as she also prepares to give her judgment on notice.
But a day later, Principal Judge Justice Flavian Zeija recalled the file for the second time and allocated it to another judge.
Mr Abudallatwiif Muhammad Kayanja, the public relations officer of the Anti-Mubajje faction, said the case file has since been allocated to Justice Singiza Douglas Karekona who is attached to the Civil Division of the High Court.
''We confirmed it from Jinja High Court that the case file was recalled by the Principal Judge and allocated to another judge, Singiza under the supervision of Justice Musa Sekaana in Kampala ," he told this reporter on Tuesday.
According to Mr Kayanja, the changes came following a May 14 letter to Justice Zeija in which Sheikh Mubajje complained about how Justice Bukirwa was handling the case.
Lawyers protest
Mr Erias Luyimbazi Nalukoola, one of the lawyers representing the Anti Mubajje faction, said Sheikh Mubajje is not a party to the matter before the court and wondered how he complained about the presiding judge.
“He[Sheikh Mubajje] is not the Mufti of Uganda, he was retired by the General Assembly of UMSC in the public interest. Also, he has no locus standi to complain," he said.
He further said Justice Singiza has no jurisdiction to handle the case and his insistence to entertain it will be detrimental to the independence of the Judiciary.
''At the right time, we shall remind the Judiciary that Sheikh Mubajje cannot determine the judicial officer to handle the matter, if he[Sheikh Mubajje] wants the presiding judge to recuse herself, there is a legally provided procedure, he[Sheikh Mubajje] should be advised to instruct his lawyers to invoke the same," he said.
But Mr Isaac Kugonza, a lawyer representing the pro-Mubajje faction, said the Principal judge acted within his powers as head of the High Court, following a complaint by one of the parties.
''Given the complaint, this being a matter of public interest and in the interest of justice, the matter was placed before Hon Justice Douglas Singiza for expeditious hearing and disposal, I see no fault in that," he said.
In a fresh petition to Justice Zeija dated May 27, the anti-Mubajje faction through the acting UMSC chairperson Issa Gule asked the Principal Judge to reverse his decision, saying it had opened another front of disagreements among the Muslim community.
“ ….we demand that without any delay, the file be unconditionally referred back to Hon Judge Faridah Shamilah Bukirwa for her to deliver the ruling. We believe that in law there is room for Sheik Mubajje who thinks that something is missing to file a rejoinder to become a party for him to address the matter or advise those working for him to appeal the ruling at the Court of Appeal and even beyond. Otherwise, his [Sheikh Mubajje] time-wasting instructions to the Hon Judges are untenable,” the petition reads in part.
Sheikh Ssemambo was on December 17, 2023 elected as acting Mufti but Mubajje through UMSC protested this, saying the meeting where the decision(to elect acting mufti) was taken ,was illegally convened .
The case arose after a section of UMSC General Assembly members petitioned Jinja High Court questioning the conduct of UMSC affairs, particularly the irregular disposal of Muslim properties, including the UMSC headquarters at Old Kampala Hill.
As a result, Justice Bukirwa on December 12, 2023 issued several orders, including allowing a special sitting of UMSC general assembly at a neutral venue to discuss issues at UMSC headquarters. Consequently, the General Assembly meeting convened at Ggangu Muslim Primary School in Wakiso District resolved to sack Sheikh Mubajje over alleged misconduct and instead elected Sheikh Ssemambo as acting mufti for six months.
