Four Muslims who had legally challenged the re-election of Mufti Sheikh Shaban Ramadhan Mubaje have withdrawn two key applications that aimed to block his swearing-in and prevent him from performing his duties.
The applicants Musa Kalokola, Musa Kasakya, Byansi Twaib, and Swaib Nsimbe through their lawyer, Farouk Kizito Kamulegeya, informed the Civil Division of the High Court on Tuesday, May 6, that they were discontinuing Miscellaneous Applications No. 181 and 182.
Application No. 181 sought to halt Mubaje’s swearing-in, while Application No. 182 requested a temporary injunction restraining him from acting as Mufti until the court ruled on the main suit, Civil Cause No. 65 of 2025.
The applicants argued that since the election process had already been concluded by the constitutionally mandated organs of the Uganda Muslim Supreme Council (UMSC), the interim applications were no longer relevant.
However, they maintained their challenge to Mubaje’s eligibility in the main suit.
UMSC’s legal team, led by Counsel Musa Kabega, did not oppose the withdrawal but expressed readiness to proceed with the main case.
Kabega indicated that the UMSC intends to cross-examine the applicants regarding their legal standing to challenge the council’s decisions.
Justice Bernard Namanya adjourned the matter to May 19, 2025, to allow both parties to prepare for the upcoming proceedings.
Also present in court were Haj Muhammad Ali Aluma, UMSC Deputy Secretary General for Finance and Administration, and Sheikh Isa Juma Mangalya of the Majlis Al-Ulama.
Sheikh Mubaje was re-elected as the Mufti of Uganda after his previous term expired upon reaching the age of 70 the constitutional retirement age under the 1987 UMSC Constitution.
The decision was made by the Majlis Al-Ulama (College of Sheikhs) and later unanimously approved by the Joint Session of the UMSC.
Although Mubaje reached 70 on March 12, 2025, the amended 2022 UMSC Constitution extended the Mufti’s retirement age to 75 under Article 5(5)(b).
However, it also included transitional provisions under Article 29(12), stating that individuals in office at the time of the amendment should complete their current tenure without automatic extension.
Despite these changes, a group of Sunni Muslims Swaibu Nsimbe, Twayibu Byansi, Musa Kalokola, and Musa Kasakya filed a lawsuit against the College of Eminent Sheikhs and top UMSC officials, contesting Mubaje’s continued leadership.
They alleged the re-election process was unfair, illegal, and irrational.
The respondents named in the suit include Sheikh Mubaje and his deputies, Sheikh Muhamad Ali Waiswa and Sheikh Muhammad Bukunya.
The petitioners asked the High Court to declare Sheikh Mubaje ineligible for re-election, arguing he had already served 24 years since December 11, 2000 and should retire upon reaching 70.
They claimed that the Muslim community is anxious due to the lack of formal preparations for a new Mufti’s election, as required under the amended constitution.