By Despite reaching the mandatory retirement age, Uganda’s embattled Mufti, Sheikh Shaban Mubajje, remained in office as of Thursday morning, defying expectations that he would step down at the end of his tenure.
Sheikh Mubajje, who has led the Uganda Muslim Supreme Council (UMSC) for 24 years, was expected to vacate office by midnight on Wednesday, as required by the UMSC 2022 constitution. The constitution sets a mandatory retirement age of 70 for the Mufti and limits tenure to a maximum of 10 years.
According to the UMSC constitution, once the office of Mufti becomes vacant, the 24-member Majlis Al-Ulama (College of Eminent Sheikhs) is responsible for vetting and selecting a new Mufti through a consensus process. The selected candidate must then be approved by the Joint Session (comprising the Executive and Majlis Al-Ulama) before being presented to the General Assembly for formal acknowledgment.
However, as of Monday, the Majlis Al-Ulama had not initiated this process, prompting several Muslim clerics to seek legal intervention. They petitioned the High Court’s Civil Division in Kampala, arguing that Sheikh Mubajje had exceeded the constitutionally mandated age limit and should not be eligible for re-election.
In the judicial review application, clerics Swaibu Nsimbe, Twayihu Byansi, Musa Kalokora, and Musa Kasakya contended that Sheikh Mubajje, having served for more than two decades, was ineligible for another term. They requested the court to issue an order barring him from continuing in office.
The lawsuit also named UMSC, along with the 43 members of its management, the Joint Session, and Majlis Al-Ulama, who are responsible for overseeing the election of a new Mufti.
On Wednesday, High Court Judge Emmanuel Baguma issued an order regarding the case. However, tensions escalated when a court bailiff attempting to serve Sheikh Mubajje with the order was allegedly harassed at the UMSC headquarters.
Access to the UMSC offices in Old Kampala was restricted, with only a select group of workers allowed inside. A closed-door meeting was convened in the conference hall, attended by members of the management committee, Majlis Al-Ulama, and district Khadis aligned with Mubajje.
Abdullatif Kayanja, a spokesperson for the anti-Mubajje faction within UMSC, hailed the court’s decision as a crucial step in upholding the institution’s constitution.
“Sheikh Mubajje had turned the Council into a personal project, disregarding the UMSC constitution and its governing organs. We are pleased that the court has granted our request to prevent him from extending his term. This is a significant victory for the Ummah,” Kayanja said.
However, UMSC spokesperson Ashraf Zziwa offered a different interpretation of the legal proceedings. He stated that UMSC lawyers had received court documents late, and as a result, Justice Baguma declined to grant immediate interim orders to the applicants.
“In the interest of justice and fairness, our lawyers requested an adjournment to allow UMSC time to respond. The trial judge agreed and scheduled the case hearing for March 19, 2025. This marks an initial procedural victory for our legal team,” Zziwa explained.
Sources within UMSC suggest that plans are underway to swear in Sheikh Mubajje for another five-year term, a move that could trigger further legal challenges from his critics.
“If Mubajje is endorsed for another term despite the court ruling, it will be a clear case of contempt of court,” Kayanja warned.
What the UMSC Constitution Says
Article 29(12) of the 2022 UMSC constitution states:
“For avoidance of doubt, this amended constitution shall not automatically extend the period of tenure of any official employed or elected prior to the 13th day of July 2022.”
Sheikh Mubajje, who assumed office on December 11, 2000, has faced longstanding accusations of mismanaging Muslim assets and weakening UMSC structures.
A 2006 commission of inquiry into the mismanagement of Muslim properties, led by Prof. Muhammad Mpezamihigo, found Mubajje unfit to lead Uganda’s Muslim community. However, he disregarded the findings and continued to serve as Mufti.
As the legal battle unfolds, the key question remains: Will Sheikh Mubajje honor the UMSC constitution and step down, or will he, once again, defy expectations and hold onto power?
