By KT Reporter
The High Court in Kampala has issued a warrant of arrest against three of the former top leaders of the Juma Zukuuli Muslim Group for defying court orders and preventing new office bearers from accessing the office.
The Civil Division Judge Musa Ssekaana/Constitutional Court and Court of Appeal Designate Judge has ordered that the three, namely Lukman Galiwango Malende, Khalifan Lutaaya and Hassan Kinene, should be committed to civil prison for 12 months for their contemptuous conduct and actions.
The decision follows another separate application by the Secretary General of the Juma Zukuuli group, Hassan Ssenyondo, against six top former leaders of the group, including Twaha Makayu, Umar Kibirige and Twaib Mugambe, who have been exonerated.
In his application, Ssenyondo told the Judge that Ismail Kikabi and others in 2022 sued the management committee of the Juma & Zukuuli group in Uganda, namely Sheikh Muhammad Lunanoba and Al-Hajj J. A Sebuta Malende.
That as a result, the Court on September 5th, 2024 made orders directing the mediators, who are also judicial Officers, to amongst other things, to conduct the general assembly to pass the new constitution of Juma & Zukuuli Trust and thereafter conduct the election of Office bearers under the new Constitution.
The court recorders show that Ssenyondo and others were elected in line with the court order and directed to occupy office immediately. He said all the respondents were very much aware of the existence of the Court orders and directions, and they know very well the new Office bearers, but they disobeyed them.
“That in disobedience of the Court order and directions, the Respondents on the 24th September 2024 came and dismantled and removed all the padlocks on the Offices of the Juma & Zukuuli, which actions are in contempt of this Honorable Court orders and directions issued on the 4th of September, 2024”, Ssenyondo told Court.
The Court heard that the respondents continued contemptuous actions of preventing the new Office bearers from accessing the Office to which they were elected, which has greatly affected the Applicant, who is the General Secretary and other elected Office bearers to performing their duties as expected.
“That the respondents were recorded while congratulating themselves for having defied the Court order and by breaking the padlocks on the Office of Juma Zukuuli Muslim Group in Uganda located at the at the premises of Kawempe Muslim Secondary School”, Ssenyondo told Court.
In response,se Galiwango said that he attended the Annual General Meeting, which was presided over by Judicial Officer His Worship Mulalira Faisal Umar.
However, He Mulalira gave a deaf ear and continued with the session by allowing non-verified persons to participate, which was illegal but was ignored.
The applicants denied dismantling, removing or replacing any padlock at all.
In his decision, Justice Musa Ssekaana noted that the three contemnors he has sent to jail made no appearance in court to be cross-examined on their alleged evasive denials.
“The court was left with no option but to decisively deal with them. In determining the appropriate sanction, the court should consider that the objective of the contempt of court proceedings is to protect the public interest or confidence in the due administration of justice. This is done by punishing acts or disobedience of lawful orders which tend to abuse or make a mockery of administration of justice, or which tend to lower the authority of court”, said Ssekaana.
Justice Ssekaana has also issued a strong warning to Sheikh Muhammad Lunanoba and his allies or agents to stop their actions and conduct of causing disobedience of lawful orders of the court.
The jailing of this group follows a similar application in which Justice Musa Ssekaana sentenced the Kawempe Division Resident District Commissioner Hajji Noor Njuki Mbabali to six months in jail for contempt of court because of also preventing Juma Zukuuli leaders to access office.
The Juma-Zukuuli Muslim Group has been embroiled in a leadership and property dispute since March 2023, when a faction of its followers petitioned the High Court to remove Sheikh Lunanoba from office-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
