By Our Reporter
In a tense legal drama, Justice Musa Ssekaana, head of the Civil Division of the High Court, faces accusations of bias from the Juma and Zukuuli leadership, including Al-Hajji Sebuta Malende, father of Kampala District MP Shamim Malende. The allegations stem from a contentious multibillion property dispute, with claims that Justice Ssekaana has refused to recuse himself despite a supposed conflict of interest.
In an exclusively interview with our reporter, Justice Musa Ssekaana the Head of the Civil Division of the High Court has rubbished the allegation circulating around Muslim circles that he has recused himself from the Juma and Zukuuli case before him.
Furiously speaking, Ssekaana challenges Juma and Zukuuli leadership including Al-Hajji Sebuta Malende father to Kampala District woman member of parliament Shamim Malende to provide touchable evidence that his boss the Principle Judge Flavian Zeija ordered him to hands-off their file.
“ Tell them to show you the letter, ” the Principle Judge wrote to me to recuse myself from their matter. You people should tell those people how the judge recused himself from the case, it is not just taking Muslim to the mosque and shouting from there or on the streets, there is a proper procedure to follow “, justice Ssekaana said.
He further explained that having a personal conversation with the Principle Judge over the matter doesn’t mean that he has to recuse himself, noting that the file is still in his possession and ready to preside over it.
Our reporter contacted Justice Ssekaana after Al-Hajji Malende group accused him of declining to honour the orders of his boss to recuse himself from their case even though they proved to him and his boss that having a conflict of interest in their matter which will compromises him from delivering justice as expected from the court.
The Trustees of Juma and Zukuuli Group Uganda together with their lawyers have petitioned Justice Zeija’s Office at Judiciary’s headquarters Kampala pleaded with him to exercises his powers to administer and supervises High Court judges and force justice Ssekaana to recuse himself from their case because he is very biased and wanted to imprisoned them to pass away to those who wanted illegally takeover their offices.
One of the leaders who attended Justice Zeija, Juma and Zukuuli leadership told our reporter that after listening to them, Justice Zeija’s facial expression show them that he was shocked with justice Ssekaana’s actions against them, and with immediate effect, he picked his telephone and talk to him.
Explain that after along conversation with Justice Ssekaana, Justice Zeija confirm to them that Justice Ssekaana has accepted to recuse himself from their case and also establishing that he was having a conflict of interest and he advised them to reach out to Simon Kintu Zirintusa the deputy registrar in charge of the Civil Division of the High Court to tell them the new judge who is going to preside over their file.
He added that when they reported to His Worship Ziritusa in his Office at the Civil Division of the High Court on Twed Towers Nakasero Kampala, confirmed to them that he talk to Justice Zeija to allocated their case file to a new judge but when approaches, Justice Ssekaana he decline to surrender the file telling him that he still has orders to execute on it promising that after, he was going to handled it to him to be allocated to another judge.
Our reporter made several telephone calls to Justice Zeija’s known telephone numbers to confirm the meeting with Juma and Zukuuli leadership but were not answering them or responding to the text messages sent to him until the press time.
However Justice Ssekaana wondered why Malende and group are scared to appear before him if they have a good explanation over the allegation of violating his order, promising that he is ready to sort-out the entire grievance whether appeared or not appeared.
However, one of the leaders in Malende group told our reporter that Justice Ssekaana wanted to imprison them as he did to controversial city lawyer Hassan Male Mabirizi when he sentenced them to 18 months imprisonment and after recuse himself from his case and give it to another judge insisting that they will not appear before justice Ssekaana because Justice Zeija told them that he have accepted to recuse himself from their case.
Lukman Galiwango Malende, Khalifan Lutaaya, Umar Kibirige, Twaha Makayu, Twaib Mugambe and Hassan Kinene are supposed to appear before Justice Ssekaana on Thursday of 18th September 2024 to explain to him why they should not be committed to prison for six months or ordered to pay Shs300m punitive damage for violation of a contempt of court order issued on 4th September 2024.
Others who are supposed to appear are Noor Mbabali Njuki the Deputy RCC Kawempe Division, Abbey Muwonge DPC Kawempe Division, Juliet Ulama head of security, Kawempe Muslim Secondary School, Mahad Ssebugenyi and Hussein Kaggwa.
According to court documents, the accused persons alleged to have violated the court order issued by justice Ssekaana by allowing Mahad Kabuye the elected management Committee of Juma and Zukuuli Muslim Group of Uganda president general, others are Khalid Muguluma deputy president general, Hassan Ssenyondo the Secretary General and Musa Buyongo the treasure and others.
Justice Ssekaana also ordered that only 36 names of families who originally present when Juma Zukuuli was formed and the family of sheikh Abdul Noor Kawooya should form the General Assembly to elect the new association leadership.
Justice Ssekaana further orders that members from those 36 families with identity cards from the National Identity Card registry should form the Official Register of members of Juma and Zukuuli who shall attend at will and proposed General Assembly and orders where issued on 5th of September 2024
Malende’s group accuses Justice Ssekaana that he based on the orders he issued when was still mediating their matter before appointing Judicial Officers Faisal Umar Mulalira and Zulaika Nanteza to lead their mediation basing on the orders he issued which they claim was an abuse of the court process and judicial powers by Justice Ssekaana.
They wondered how Justice Ssekaana allowed the people without the legal right of their association to organize the annual general meeting of their association to elect their new leadership.
They further claim that Ssekaana is using his powers to persecute them so as to impress their impressers who they accused of wanting to steal their association properties which measured in billions of shillings.
They claim that justice Ssekaana is a personal friend to Sheikh Rajab Kakooza explaining that when justice Ssekaana’s father died, he left behind Sheikh Kakooza to execute his last will and it is a conflict of interest to judge a matter where he is involved.
They alleges that Sheikh Kakooza is the one behind the ongoing fights because he wanted to control their properties and they have evidence that he has sold part of their properties in Kawempe Division
Malende’s group also accuses Hassan Ssenyondo, the Islamic University In Uganda (IUIU) Deputy, Dean School of Law of fuelling the implementation of the fraudulent orders and criminal trespass cases have been opened against him at Kawempe police Station.
Ssenyondo was accused of hiring goons to break into the offices of the Juma and Zukuuli leaders at night in the disguise of executing a court order issued by Justice Ssekaana.
When contacted, Ssenyondo admitted to have raided the offices of their association to take possession of it explaining that they were the rightful elected leaders of the association rubbishing the allegation that he hired goons.
Ssenyondo explained that the people arrested at night trying to enter their offices are muslim leaders not goons defending Justice Ssekaana of not having any conflict of interest in their matter.
