Jinja High Court starts hearing petition against UMSC

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The Jinja High Court on Wednesday hears the main suit in a petition filed by a section of Muslims against the Uganda Muslim Supreme Council (UMSC).

In the petition, the Muslims highlight concerns about the council's conduct, particularly on the ‘illegal’ sale of Muslim properties in the country, among other issues.

Hearing of the main suit was earlier halted due to several challenges, including the suspension of lawyers Moses Kabega and Muhamood Kibwanga Makmot from representing UMSC since they were members of its general assembly.

Thereafter, Justice Faridah Shamillah Bukirwa Ntambi, who is handling the case, informed the court last month that Principal Judge Flavian Zeija had recalled the file.

However, on return of the file to the High Court, Ntambi ordered all parties to return on Wednesday, May 15, 2024, with UMSC having fully instituted lawyers for its representation to ensure a fair process.

“With immediate effect, you have to replace your lawyers (the duo) who were suspended from representing the UMSC since they are members of the general assembly. We need the council to have fair hearing and balance in court since they will ably interpret the proceedings,” Ntambi said.

The directive came after two previous sessions were conducted without UMSC having legal representation.

Ali Aluma, the UMSC general secretary who appeared on behalf of the council, had asked for two months to use the council structures to appoint new lawyers but the court rejected the request citing delays in having justice.

The case was lodged by Yudaya Babirye, Burhan Namanya, Hussein Ssimbwa, and 15 others being represented by lawyers Erias Luyimbazi Nalukoola, while the General Assembly is being represented by lawyer Siraje Kakeeto.

Earlier, Nalukoola had asked the court to dismiss the request for two months intended to help the UMSC seek new lawyers saying it was creating a delay in getting justice from court.

Nalukoola said the UMSC executive was publically retired during a general meeting at Gangu Muslim Primary School and, therefore, can no longer bring the Muslim community together.

Kakeeto, the lawyer for the general assembly said two months was a long period which could affect court proceedings. He prayed that the court would allow him to make their submissions since the court was set to hear the main suit.

More about the case

The case was filed against the UMSC at the Jinja High Court in which they highlighted concerns about the council's conduct, particularly on the ‘illegal’ sale of Muslim properties in the country.

Consequently, on December 12, 2023, Justice Bukirwa allowed the petition and issued several orders, including allowing a special sitting of the supreme council in a neutral venue to review the affairs of the council.

After a council meeting was held at Gangu Muslim Primary School in Kampala where the General Assembly resolved to suspend the executive committee of the UMSC and elected Sheikh Abdallah Ssemambo as the acting Mufti for six months.