The High Court in Kampala has dismissed a judicial review application challenging the re-election of Sheikh Shaban Ramadhan Mubaje as Mufti of Uganda.
In a ruling delivered via email, Civil Division Judge Benard Namanya found that the court lacked jurisdiction over the case 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 one other individual, sought to nullify Mubaje’s re-election. They claimed the process was procedurally flawed and that Mubaje, who turned 70 on March 12, 2025, had surpassed the constitutional age limit for the office of Mufti.
However, UMSC amended its constitution in 2022, raising the Mufti’s age limit from 70 to 75, a move that allowed Mubaje to seek another term. The petitioners argued that the amendment was improperly applied and that the electoral process violated several articles of the UMSC Constitution, including Articles 5, 7, 9, 17, and 29.
They were represented by a legal team comprising Farouk Kizito Kamulegeya, Rashid Kamulegeya, John Nsimbi Mata, and Nasser Mubiru. Their case was grounded in Sections 37, 40, and 42 of the Judicature Act and the Judicial Review Rules of 2009, supported by affidavits from Musa Kasakya
The respondents—including UMSC, Sheikh Mubaje, and 43 others—were represented by lawyers Musa Kabega, Isaac Kugonza, and Faisal Balikurungi. They argued that the election followed all procedures outlined in the amended UMSC Constitution.
Court records show that the leadership transition process began in January 2025. On January 6, UMSC Secretary General Hajji Abbas S. Muluubya notified National Chairman Prof. Dr. Muhammad Lubega Kisambira of Mubaje’s term ending in March. A week later, the chairman directed the Director of Sharia, Sheikh Dr. Ziyad Swaleh Lubanga, to convene a special session of Majlis Al-Ulama.
On February 20, 2025, Majlis Al-Ulama unanimously re-elected Mubaje. The UMSC Joint Session endorsed the decision the same day, allowing him to continue under the amended age provision.
In his judgment, Justice Namanya dismissed the application on three key grounds:
Lack of Jurisdiction: The judge emphasized that UMSC, despite being a national religious body, is a private institution and does not exercise governmental authority. As such, it is not subject to judicial review.
Religious Question Doctrine: Namanya invoked this principle, which restricts courts from intervening in internal religious disputes—particularly those concerning spiritual leadership. He stressed that such matters should be handled by religious leaders and their followers, not civil courts.
Failure to Exhaust Internal Mechanisms: The judge noted that the UMSC Constitution provides for an internal dispute resolution process via the Muslim Arbitration and Conciliation Council (MAC), established under Article 28. He said the petitioners should have approached MAC before turning to the courts.
As a result, the application was dismissed in its entirety. In a move aimed at fostering unity, the judge ordered each party to bear its own legal costs.
This ruling reaffirms Sheikh Mubaje’s leadership, which began in 2001, and confirms his eligibility to serve until age 75 under the amended UMSC Constitution. It also settles a legal battle rooted in deep divisions within the Muslim community over governance and leadership within the UMSC.
