The High Court in Kampala, presided over by Justice Emmanuel Baguma, has ruled that the petition challenging Sheikh Shaban Ramathan Mubaje’s re-election as Mufti of Uganda cannot proceed until all 45 respondents are properly served.
The decision, made on Monday, March 24, 2025, followed concerns that the petitioners, a group of Sunni Muslims led by Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya, had not effectively served Mubaje, his deputies, and the members of the electoral college. The court set April 16, 2025, as the deadline for proper service, with the next hearing scheduled for April 28, 2025.
The petitioners argue that Mubaje is ineligible for another term, claiming he has exceeded the retirement age of 70, as set by the old Uganda Muslim Supreme Council (UMSC) Constitution. They also accuse him of mismanaging Muslim property and lacking transparency in his leadership.
However, the UMSC legal team, led by Musa Kabega, insists that the case should be settled internally, arguing that religious decisions do not fall under judicial review. They further point to a 2022 constitutional amendment that extends the Mufti’s retirement age to 75, justifying Mubaje’s continued tenure.
The case now hinges on whether the petitioners can complete proper service before the deadline. If successful, the court will determine whether Mubaje’s re-election was lawful or if a new Mufti must be elected.
Recently, a section of Ugandan Muslims on Tuesday marched to Parliament to petition the Speaker, protesting against the re-selection of Sheikh Shaban Ramadhan Mubajje as Mufti of Uganda, despite his tenure ending on March 12, 2025.
The protesters, numbering over 50, argued that Sheikh Mubajje’s continued leadership contravenes the Uganda Muslim Supreme Council (UMSC) Constitution.
According to their petition:
Article 5 (7) of the old UMSC Constitution (1972) stipulated that the Mufti must retire upon reaching 70 years, a milestone Mubajje reached on March 12, 2025.
The amended 2022 UMSC Constitution (Article 5.9) limits the Mufti to one 10-year term, further disqualifying Mubajje from re-selection.
Article 29 (12) states that officials elected under previous laws cannot automatically extend their tenure under the new constitution.
Despite these provisions, the Joint Session of the Executive Committee and the Majlis Ulaama on March 13, 2025, selected Mubajje for another term, a decision the petitioners say is unlawful.
The petitioners also warned that Mubajje’s continued leadership is affecting Uganda’s relationship with key international Muslim organizations.
They revealed that the Gulf Cooperation Council (GCC), the Arab League, and Muslim donor nations like Saudi Arabia, Turkey, and Egypt have threatened to suspend financial aid to Uganda’s Muslim community unless the leadership dispute is resolved.
“This could impact critical programs, including Islamic education, welfare support, and mosque construction,” the petitioners noted.
In their petition to Speaker Anita Among, the protesters made three key demands: Immediate retirement of Mubajje in compliance with the UMSC Constitution, Appointment of the 1st Deputy Mufti to take over for 60 days, pending a fair and transparent election and Government oversight to ensure the UMSC follows constitutional guidelines in future selections.