The Uganda Muslim Supreme Council (UMSC) splinter group led by Sheikh Ibrahim Ssemambo has petitioned the Judicial Service Commission (JSC), alleging biased behavior by Principal Judge Flavian Zeija in their legal dispute with Sheikh Shaban Mubaje. The group contends that Zeija acted contrary to a court order from Justice Alexandria Nkonge Rugadya of Jinja High Court, which validated the resolutions of the UMSC general assembly held in December 2023. This assembly elected Ssemambo as the new Mufti of Uganda and suspended Mubaje.
The leadership dispute began in mid-December 2023 when a special UMSC general assembly convened in Ggangu replaced Mubaje with Ssemambo, following Mubaje's legal troubles concerning Muslim properties. Ssemambo, formerly Mubaje's first deputy mufti, assumed the position after the assembly’s resolutions.
Following these events, Mubaje sought Zeija’s intervention to overturn the new appointments. Ssemambo’s group alleges that Zeija attempted to withdraw the case file from Jinja without due process, aiming to protect Mubaje. They claim Zeija’s actions disregarded established procedures and the litigants' rights. In their petition dated June 7, 2024, they state, “My lordship the principal judge attempted to unceremoniously withdraw the file from Jinja without any due procedures and in total disregard of the litigants for the sake of saving his friend and client-Sheikh Mubaje.”
After raising concerns, the splinter group asserts that Zeija returned the file to Jinja but reassigned it to another judge without consulting their legal team. They argue that Zeija’s conduct was intended to undermine the independence of the presiding judge in Jinja. The petition further criticizes Zeija for allegedly responding to Mubaje’s requests and reallocating the case file despite not being a party to the dispute.
“My lord the learned principal judge at his level has no moral authority to entertain the application of Sheikh Mubaje and all its contents in which he rightly states he is not party and yet he goes ahead to respond to his requests and decides to quickly redirect the allocation of our file,” the petition reads.
The splinter group is now calling for urgent JSC intervention to investigate Zeija’s actions. They seek to ensure judicial independence and fairness in their ongoing legal battle.
However, Justice James Ereemye Mawanda, the spokesperson for the Judiciary, defended Zeija, stating that his actions were within his mandate as principal judge.
“That is his mandate. It is not interference. It is for the orderliness and efficient management of the case. He is not an interested party,” Ereemye explained.
