The High Court has nullified previous rulings related to the governance of the Uganda Muslim Supreme Council (UMSC), directing the parties involved to resolve their disputes through arbitration as stipulated in the UMSC constitution. Justice Dr. Douglas Karekona Ssingiza delivered the ruling on January 3, 2025, emphasizing that arbitration through the Muslim Arbitration Council (MAC) is the prescribed mechanism for addressing disputes within the UMSC.
The ruling follows a contentious case where the UMSC’s governance, alleged mismanagement, and resolutions from the Ggangu Special Sitting were challenged. Justice Ssingiza found that the disputes fell squarely within the jurisdiction of the MAC, as provided for in Article 28 of the UMSC constitution.
The clause mandates arbitration for issues involving the management, contracts, interests, and interpersonal disputes related to the UMSC, except for electoral matters.
In a significant finding, the judge also cited a procedural error regarding the alleged removal of His Eminence Sheikh Shaban Ramadan Mubaje, the Mufti of Uganda, from office. Justice Ssingiza noted that the Ggangu Special Sitting, which purportedly resolved to remove the Mufti, was irregular as Sheikh Mubaje was not a party to the case.
The judge described this as a serious procedural breach and an error on record, further underscoring the necessity of adhering to the constitutional arbitration framework.
The court annulled the judgment and orders in Company Cause No.002 of 2023 issued by Jinja High Court Judge Farida Bukirwa Ntambi and directed all parties to pursue arbitration through the MAC.
Justice Ssingiza stressed that bypassing the arbitration process undermined the institutional integrity of the UMSC and risked eroding unity within the Muslim fraternity.
Several related motions, including allegations of contempt of court against the Mufti, were also dismissed. The applicants had accused Sheikh Mubaje of defying a court order that barred him from performing his duties, claiming he continued to occupy his office at Old Kampala and officiated at ceremonies.
They sought damages, fines, and a permanent injunction. However, Justice Ssingiza ruled that there was no valid court order capable of being disrespected, as the original judgment had already been set aside. The court also found no evidence of willful non-compliance or bad faith on the part of the Mufti.
The ruling is a major blow to the Ggangu led group by Sheikh Abdullah Ssemambo Tamusuza and Issa Gule.
