Court dismisses case against Mufti Mubaje.

The ruling, delivered via email by civil division judge Benard Namanya, was based on several grounds, including that the High court lacks jurisdiction over religious disputes and that the applicants failed to exhaust internal mechanisms provided by the Uganda Muslim Supreme Council (UMSC). The application, filed earlier this year by Swaibu Nsimbe, Byansi Twayibu, Musa Kalokola and another, sought to nullify Mubaje’s re-election on grounds of ineligibility and alleged procedural irregularities. The petitioners asked the court to declare his candidacy illegal, halt his swearing-in, and compel UMSC to organize a fresh election process in accordance with its amended Articles of Association. They argued that Mubaje, who turned 70 on March 12, 2025, had exceeded the constitutional age limit of 70 years for the office of Mufti. However, the UMSC amended its Constitution in 2022 to raise the age limit to 75. The petitioners contended that the amendment was improperly applied and that the election process violated several UMSC constitutional provisions. The applicants were represented by a legal team comprising Farouk Kizito Kamulegeya, Rashid Kamulegeya, John Nsimbi Mata, and Nasser Mubiru. Their application was grounded in Sections 37, 40, and 42 of the Judicature Act and the Judicature (Judicial Review) Rules of 2009 (as amended). It was supported by affidavits from Musa Kasakya. The respondents, including UMSC, Mubaje, and 43 others, were represented by lawyers Musa Kabega, Isaac Kugonza, and Faisal Balikurungi. They argued that the re-election followed due process as outlined in the amended UMSC Constitution. According to court documents, preparations for the leadership transition began in January 2025. On January 6, UMSC secretary general Hajji Abbas S. Muluubya informed National Chairman Prof. Dr. Muhammad Lubega Kisambira of the impending end of Mubaje’s term in March. On January 13, the chairman instructed the director of Sharia, Sheikh Dr. Ziyad Swaleh Lubanga, to convene a special session of Majlis Al-Ulama, the top council responsible for religious leadership. On February 20, 2025, Majlis Al-Ulama re-elected Mubaje for another term. The decision was endorsed the same day by the UMSC Joint Session, effectively extending his leadership under the amended provision that allows him to serve until the age of 75. The petitioners maintained that the process was flawed and violated Articles 5, 7, 9, 17, and 29 of the UMSC Constitution. They alleged the selection lacked transparency, bypassed proper vetting procedures, and failed to meet the required consultations. In his ruling, justice Namanya rejected the application on three main grounds. He ruled that the UMSC, while a national religious body with influence over millions of Muslims, is a private institution and does not exercise governmental authority. Therefore, it is not subject to judicial review. He stated that there was no evidence to suggest that the public powers exercised by UMSC were governmental in nature and, in the absence of such evidence, UMSC could not be subjected to the supervisory power of the court under judicial review. The judge also invoked the religious question doctrine, which prevents courts from resolving internal religious disputes, especially those related to leadership. He emphasized that the court was not competent to resolve a religious dispute concerning the election of the spiritual head of Sunni Muslims in Uganda. He stated that such matters are best addressed by the leaders of the Muslim faith and their followers. Namanya further noted that the UMSC Constitution provides an internal dispute resolution mechanism through the Muslim Arbitration and Conciliation Council (MAC), established under Article 28. He said the applicants should have taken their grievances to this internal body before approaching the court. He concluded that the applicants were improperly before the court and dismissed the application in its entirety. In the interest of promoting harmony within the Muslim community, he ordered each party to bear its own legal costs. The decision reaffirms Mubaje’s position as Mufti of Uganda, a role he has held since 2001. With the amended UMSC Constitution now in effect, he is eligible to continue serving until the age of 75. The ruling settles a contentious legal challenge that had emerged from divisions within sections of the Muslim community over leadership and constitutional governance within the Uganda Muslim Supreme Council.