By Kerry Howard Mwesigwa.
The initial constitutional petition challenging the recently assented to anti-gay law in Uganda has encountered a substantial setback. Two crucial petitioners, namely West Budama MP Fox Odoi-Oywelowo and Dr. Frank Mugisha, coordinator of Sexual Minorities Uganda, have come forward, stating that they did not provide instructions to their legal representatives to be included as co-petitioners. Consequently, they have chosen to withdraw from the petition and have expressed their intention to file individual petitions at a later date.
MP Fox Odoi-Oywelowo and Dr. Frank Mugisha, listed as the second petitioner and petitioner number six, respectively, have asserted that they did not give their lawyers the necessary instructions to proceed with filing the constitutional petition. Akampumuza & Co Advocates, the legal representatives of Odoi-Oywelowo and Dr. Mugisha, have issued a letter demanding their exclusion from the said constitutional petition. The letter emphasizes that their clients view these actions as premature, and no supporting affidavits were provided for the petition.
Both MP Odoi-Oywelowo and Dr. Mugisha have expressed their firm intention to file individual petitions at a more opportune time. They have requested the law firm of Onyango & Co. Advocates and the Human Rights Awareness and Promotion Forum (HRAPF) to remove their names from the existing petition and allow them to pursue their own legal courses independently.
Onyango Owor, a lawyer from Onyango & Co. Advocates, has stated that MP Odoi-Oywelowo and Dr. Mugisha were actively involved in the process of drafting the petition and participated in consultations until the eleventh hour. He clarified that their names were subsequently omitted, and they have since lodged their own related petition as separate entities.
The inclusion of petitioners without their explicit instructions raises concerns about the need for proper authorization from clients before initiating court proceedings. The Advocates (Professional Conduct) Regulations stipulate disciplinary actions against lawyers who fail to seek instructions from their clients. These consequences can range from removal from the advocates’ roll, temporary suspension from legal practice, cautions and others.
MP Odoi-Oywelowo has filed a separate petition challenging the Anti-Homosexuality law, while also affirming his support for the ongoing petition led by Dr. Adrian Jjuuko. MP Odoi-Oywelowo strongly denounces the law as draconian and oppressive.
Bugiri Municipality MP Asuman Basalirwa, the proponent of the anti-gay Bill, has expressed his intention to apply as a “friend of the court” on the side of the Attorney General. As the country awaits the official publication of the Anti-Homosexuality Act, the proponent Asuman Basalirwa has dismissed the petitions filed against the legislation as baseless.
