The Uganda Muslim Supreme Council (UMSC) has yet again continued to humiliate its adversaries on all fronts with specific emphasis on legal matters after High Court dismissed an application by Businessman Hassan Basajjabalaba and his company to halt UMSC’s activities henceforth.
The UMSC last month (on January 17th, 2023) petitioned the High Court seeking to overturn an ex-parte order issued by Mengo Chief Magistrate, His Worship Patrick Talisuna Ngereze temporarily suspending their activities at the request of the businessman.
However, in her ruling delivered on Tuesday, February 14, 2023, High Court Judge Esta Nambayo overturned the orders in her judgment in a response to a joint application by UMSC and the Mufti, Sheikh Shaban Ramathan Mubajje that challenged the ex-parte interim orders issued by Mengo court on behalf of Basajjabalaba, Umaru Sewantu, Issa Gule and Sulaina Kigongo.
It should be noted that since being ejected from the race for the position of National Chairman for UMSC, Basajjabalaba has hatched all sorts of unsuccessful plans to destabilize the current leadership at Old Kampala. Running to Mengo Chief Magistrate’s court is among the many even when its jurisdiction could not hear such a high-profile case.
Information from the court indicates that the flamboyant and shrewd businessman was the first respondent to the suit which was filed as an ex-parte application before Talisuna on December 2, 2022, seeking among others orders quashing an invitation by the UMSC Independent Electoral Commission to appear on the same date at 5 pm, mandatory orders compelling the UMSC Independent Electoral Commission to conduct elections for the position of the UMSC National Chairperson on December 3rd, 2022 as earlier scheduled and permanent orders restraining the UMSC Electoral Commission from interfering with his candidature.
Under the able legal representation of lawyers, Moses Kabega and Abbas Bukenya, UMSC prayed to the high court to declare that the Chief Magistrate’s court irregularly and/or illegally exercised jurisdiction vested in it, that the trial Chief Magistrate failed to exercise jurisdiction vested and/or acted in the exercise of his jurisdiction illegally or with material irregularity or injustice without due regard to the rule of fairness and natural justice and thereby arrived at a wrong decision to its detriment and prayed for the costs of the application.
In her well-articulated ruling, Justice Esta Nambayo concurred with the submissions presented by UMSC lawyers that “indeed the Learned Trial Chief Magistrate granted an order (ex- parte) when the applicants- UMSC were not served and no reason was given for not serving them. And by doing so, the learned trial Chief Magistrate contravened Order 50 rule 3A (4) of the Civil Procedure, (Amendment Rules, 2019. She further concurred with the UMSC legal team that the Chief Magistrate acted with material irregularity and abuse of court processes.
She, therefore, declared that the learned trial Chief Magistrate at Mengo Court Illegally and irregularly exercised his jurisdiction when he granted ex- parte interim orders in MC No. 04142 of 2022 and MA No: 006 of 2023.
It should be remembered that Basajjabalaba’s beef with UMSC under Mufti Mubajje is legendary. It’s more of a do-or-die affair by the greater Bushenyi-hailing faithful who assumes that without him at the helm of the UMSC chair, normalcy and stability should not be felt
The ex-parte proceedings, rulings, and orders in Misc. Application No; 006 of 2023 be and are hereby revised and set aside.
It is hereby declared that MA no: 003 of 2023 for contempt of Court, MA no: 005 of 2023 for a temporary injunction, and MA No: 006 of 2023 for interim orders were not valid Applicants before the Court and hereby struck off the Court record.
On 10th January 2023, the Chief Magistrate at Mengo, HW Talisuna Patrick issued an order to UMSC and H.E the Mufti of Uganda, Sheikh Shaban Ramadhan Mubaje restraining the latter from carrying out any and or functions or activities or do any other Islamic activity incidental thereto related to Islam untill the main application (MISC. APPLICATION NO. 005 OF 2023 & MISCELLANEOUS CAUSE NO. 003 OF 2023) is disposed off.
Through their lawyer, Swabur Marzuq, Hassan Bassjjabalaba, Sulaina Kigongo, Gule Isa and Sewante Umaru sued Uganda Muslim Supreme Council and H.E. the Mufti of Uganda Sheikh Shaban Ramadhan Mubaje at the Magistrates court in Mengo with a case they’re yet to be served.
GENESIS OF THE FRACAS
Uganda Muslim Supreme Council through its Independent Electoral Commission Presided over Election of Muslims from grassroot structure to the top. This translated into the Election of the National Chairman, Prof. Dr. Muhamadi Lubega Kisambira on 3rd December 2023 in a highly competitive contest from 2other candidates, Counsel Sheikh Kasim Kamugisha, and Hajji Twaha Gwaivu.
Prior to the Elections of the National Chairman, Hajji Hassan Bassajjabalaba had shown interest and had been nominated for the same seat by Independent Electoral Commission days before, amidst heckling voices from some believers that hadn’t been elected as a Member of the General Assembly but rather as District Chairman of Bushenyi and further had been impeached from the same office in 2010. The afore two reasons made him ineligible to stand for the chairmanship of UMSC.
Besides that, according to the UMSC new constitution as amended on 13th July 2023, clearly stipulated that Mufti of Uganda, Shall chair the first sitting of the General Assembly for the purpose of the Election of the National Chairman and his Deputy, and thus Haj Hassan Bassajjabalaba had been illegally nominated by the Independent Electoral Commission-UMSC since the powers and Mandate to Preside over the Election of the National Chairman and his Deputy had been vested in the office of the Mufti of Uganda.
Sensing a possible annulment of his nomination, and cancellation or halt of the Elecyions, Hajji Hassan Bassajjabalaba, on 2nd December 2022, sought Court’s intervention, which issued an order instructing UMSC to proceed with the Elections of the National Chairman and his Deputy, an order that was surely complied with since the Elections were conducted in which Hassan Bassajjabalaba personally and or physically participated.
TWIST DURING THE ELECTIONS OF THE NATIONAL CHAIRMANSHIP
After receiving a court order, the office of the Mufti of Uganda proceeded with preparations for the Elections of the National Chairman as provided for in the UMSC constitution.
The well organized function was held at UMSC Headquarters in the conference Hall, under the Chairmanship of the Mufti of Uganda, and fresh nominations for the four candidates were done. They included Prof. Dr. Muhamadi Lubega Kisambira, Hajji Hassan Bassajjabalaba, Counsel Sheikh Kasim Kamugisha and Hajji Twaha Gwaivu.
The four who had been nominated had to undergo vetting in which several eligibility prerequisites as provided for by the UMSC constitution had to be satisfied. The qualifications included attainment of 40 years, strong English command, holding bachelor’s Degree, reading of 20 Surahs of the Holy Qur’an, holding not any political office, and not to have been successfully impeached among others.
During the vetting process, it was cited that Hajji Hassan Bassajjabalaba had been successfully impeached in 2010 from the same office he was vying for, and a duly signed impeachment document was availed for which Hajji Hassan Bassajjabalaba admitted knowledge of.
This called for the ruling from the Mufti of Uganda who chaired the sitting and Hassan Bassajjabalaba was kicked out of the race.
The Elections went ahead with the three candidates, in which Prof. Dr. Muhamadi Lubega emerged winner after garnering 119 votes to beat his immediate competitor Sheikh Kasim Kamugisha and Hajji Twaha Gwaivu who each got 116 and 12 votes respectively.
BASAJJABALABA GOES TO THE HIGH COURT
With disappointment and dissatisfaction, Hajji Hassan Bassajjabalaba proceeded to the High court where he filed a Main suit seeking to annul the victory of Prof. Dr Muhamadi Lubega.
But prior to the hearing of the case, he sought several interim and permanent injunctions which were not granted. He had asked court not to allow Prof. Dr. Muhammad Lubega take charge of the functions office of National Chairman till the application is disposed off, which applications were all thrown in the bin by the trial judge. The date for main application is yet to be set.
After realizing that he had failed to succeed in his intent to block Lubega from running the office of the National Chairman, Hassan Bassajjabalaba, ran to his best friend HW Talisuna Patrick the Chief Magistrate at Mengo to rescue him as earlier he had been done.
Hajji Hassan Bassjjabalaba purportedly filed a fresh application of Contempt against UMSC and H.E the Mufti of Uganda.
An interim order of Injunction was issued on 10th January 2023 by HW Talisuna Patrick in the absence of the respondent nor be served. The order
restrained UMSC from carrying out any and or functions or activities or do any other Islamic activity incidental thereto related to Islam untill the main application (MISC. APPLICATION NO. 005 OF 2023 & MISCELLANEOUS CAUSE NO. 003 OF 2023) is disposed off.
Earlier Implications of HW Patrick Talisuna’s Injunction
UMSC is mandated to carry out several activities that include but not limited to; set up, organize and ensure the setting up and smooth operation of Sharia Courts and the enforcement of Sharia in all aspects of life as permissible in Uganda;
(i) promote, advance and put in place mechanisms, facilities, institutions and other things necessary for the Muslims to practice their religion, and in particular to be able to perform and fulfill the five pillars of Islam and the six pillars of faith in Islam and this includes the setting up or coordination and facilitation of institutions set up for the collection, management and distribution of Zakat, Waqfu and all manner of Islamic funds; the handling, organization and management of Hajji and Umra; the coordination, management and overseeing the affairs of Imams and Duwats; the management and running of Mosques; Islamic advocacy and such other institutions as may from time to time be set up by members of the Muslim Community to further common goals;
(j) engage in all activities that the UMSC may deem necessary for promotion and advancement of the Islamic faith and religion, including broadcasting of Islamic message of daawa and teaching; the holding and organizing of prayer meetings, conferences and congregations, lectures; public celebration of Islamic festivals; producing and distributing literature on the Islamic faith and religion to enlighten others about the Islamic faith and religion; providing services of Islamic worship; Islamic teachings; setting up and maintaining of facilities or services to allow and enable Muslims to practice their faith or follow its doctrines; producing or making available literature explaining the Muslim doctrines and how to find out more about them and distribution of the Qur’an, Hadith publications and other Islamic texts;
(k) cater for the relief of sickness and the preservation of health among people including assisting in the treatment and care of persons suffering from mental or physical illness of any description or in need of rehabilitation by the provision of facilities for treatment and rehabilitauion, provision of financial assistance, support, education, spiritual guidance and prayers, and by setting up running and maintaining hospitals, residential homes and similar institutions and assisting in the provision of equipment, facilities and services;
(l) relieve the elderly and the poor people who are in need by providing specially designed or adapted housing, items, services or facilities calculated to relieve the needs of such persons and to relieve financial hardship, sickness and poor health amongst elderly and the poor people;
(m) provide relief of financial hardship among people living or working in Uganda or elsewhere by inter alia providing such persons with goods and services which they could not otherwise afford;
(n) provide the relief to financial hardship, either generally or individually, of people living in Uganda by making grants of money for providing or paying for items, services or facilities, provide facilities for the relief of the sick and the poor living in Uganda either generally or individually through the provision of grants, goods and services, provide for the advancement of the education of the public in the Islamic
religion and to advance the education of students at all levels of the education system by providing and assisting in the provision of facilities for education in schools, colleges and institutions of learning through the use of lectures, research, publishing educational materials and hands-on training;
(p) provide for the advancement and promotion of education and training of Muslims for the preaching of Islam and the performance of the rites of Islam;
(q) establish and operate educational institutions for the instruction and training of people for the benefits of Islam;
(r) establish centers to conduct refresher courses for the certification, regulation and orientation of Sheikhs, preachers, Imams and other Muslim religious leaders in the performance of their responsibilities;
(s) operate institutions of charity and rest home for orphans, destitute, revert centers, persons with disabilities and other needy persons;
(t) create a property trust that shall be tasked with the administration and management of the UMSC land, advise the UMSC to acquire any tenure in land or any propertietory rights and interests in land whatsoever which may be necessary for or may be conveniently used in the propagation of the Islamic
faith in Uganda or otherwise in the fulfillment of the objectives of the UMSC;
(u) set up and manage companies and other organizations to improve, manage, charge, cultivate, develop, exchange, let on lease, mortgage, charge, grant rights or privileges over all or any part of the property of the UMSC;
(v) raise funds in any of the permissible ways in Islam as the UMSC shall think fit and give security for such money where required, by way of mortgage, charge or lien upon the whole or part of any property of the UMSC in accordance with the Islamic teaching;
(w) enter into any arrangements, cooperation, agreements and relationships with governments, both local and international, or authorities at municipal and local levels or otherwise, non-government organizations, international organizations, corporations, companies, trusts or other types of public or private organizations or persons that may seem to the UMSC conducive to the attainment of the UMSC’s objects or any of them and to obtain from any such governments, authorities, non-government organizations, international organizations, and companies concessions, rights and interests which the
UMSC may think desirable and to carry out, exercise and comply with any obligations made in the process.
Do you have a story or an opinion to share? Email us on: [email protected] Or join the Daily Express WhatsApp channel for all the latest news and trends or join the Telegram Channel for the latest updates.
