In the letter dated 14th May 2024, troubled Mufti Sheikh Shaban Ramathan Mubajje pleaded with the Principal Judge (PJ) Dr. Flavian Zeija to handle the case filed against him by a section of Muslim leaders in the way he managed the Luwero Christians matter filed against Dr. Steven Kazimba Mugalu the Archbishop of the Church of Uganda.
The Uganda Muslim Supreme Council (UMSC) leader explained that there is need to harmonize with the judiciary to develop a uniform institutional position or approach on faith based matters.
“Because for other religions or faiths in Uganda, the Court has referred religious disputes like issues of appointment of religious leaders back to the religious institutions themselves like in the case of The Most Reverend Dr. Steven Kazimba Mugalu Vs Mazzi Joyce and 5 others, where Court referred the plaintiffs back (to their institution) and indicated that religious disputes should be resolved internally and not by courts,” Mubaje said.
He added that, “Your Lordship, while I anticipate a positive consideration of this request, I pray that Allah the Most Merciful will keep your wise leadership and guidance flourishing.”
In 2023, Justice Zeija dismissed the case in which Christians in Luwero were challenging a decision of the House of Bishops to cancel the election of Rev. Ssemakula Kasana as the Bishop of Luwero Diocese on allegation of adultery.
In his judgement, Dr. Zeija declared that Courts don’t have powers to choose religious leaders and advising the faithfuls to use their internal systems to solve their grievances instead of rushing to courts of law.
Mubajje wants Dr, Zeija to do the same for the Muslims. In a complaint he filed to Zeija against Jinja Resident Acting Judge Farida Bukirwa Ntambi, Mubajje accused her of showing bias.
In 2023, Yudaya Babirye, Burhana Samanya and Hussein Ssimbwa filed a case against Mubajje claiming that he has mismanaged the properties of UMSC.
Justice Bikirwa issued a Court Order allowing them to hold a Special General Assembly meeting at a place they desired to choose a new UMSC leader.
The Special General Assembly was held at Ganga in Wakiso district and Mubajje was impeached and replaced with his deputy Sheikh Muhammad Ssemambo.
He explained that the said meeting which impeached him was attended by only 16 members of the General Assembly out of the 264 members.
It is on this ground that he insisted that Justice Dr. Winifred Nabisinde granted the restraint order stopping the implementation of Justice Bukirwa’s first court orders.
He added that Justice Alexandra Nkonge also directed that the case file be referred back to Jinja High Court but Sheikh Ssemambo’s group started celebrating and spreading falsehoods that their man was declared the mufti of Uganda which forced the Judiciary to issue a statement distancing itself from such a directive.
Mubajje told Dr. Zeija that his lawyers asked Justice Bukirwa to review the decision she made in favour of Sheikh Ssemambo but she only took sides and kept on making inflammatory statements against him declaring that he is not the rightful mufti of Uganda.
He further accuses Justice Bukirwa of inciting Sheikh Ssemambo’s group against the judiciary and Muslim community while conducting court proceedings.
He said that when his lawyers filed the application for leave to appeal, Justice Bukirwa declined to hear it claiming that it lacked merit given that the plaintiffs are not members of the UMSC General Assembly.
He added that Bukirwa disqualified his lawyers from representing him in the said case alleging that since they are members of the UMSC General Assembly, they are potential witnesses.
“The judge is trying to stir the public and Muslim faithfuls by making inflammatory statements which are never reflected on Court record and her statements are soon going to cause mayhem and bloodshed amongst the Muslim faithfuls,” Mubaje said.
He pleaded with Dr. Zeija to assign a different judicial officer to handle the above matter while putting into consideration the biased conduct, behavior and attitude of Justice Bukirwa.
Following Mubajje’s prayer, the Principle Judge directed Bukirwa to refer the said case file to him and he allocated it to Justice Douglas Karekona Singiza.
However, Sheikh Ssemambo’s group protested the PJ’s directive claiming that he was compromised by Mubajje to deny them justice.
They threatened not to appear before Justice Singiza alleging that he cannot give them justice because he will be working on Dr. Zeija’s directive. They told the PJ that he is violating the court process to deny Muslims of Uganda justice.
TV10ganoMazima started the process of dragging Justice Zeija to Justice Benjamin Kabito’s Judicial Service Commission seeking for disciplinary action against him.
They also want to petition Justice Richard Butera, the Deputy Chief Justice, claiming that Justice Zeija is using his office to frustrate justice. Mubajje’s troubles began after the Commercial Division of the High Court issued a directive to auction Muslim properties including the national mosque at Old Kampala.
The directive resulted from a multibillion deal Mubajje entered in with city businessman Justus Kyabahwa where he sold to him Muslim land at Ssembabule but also sold it to another person who denied Kyabahwa access to it.
