Anti-gay petition hit by withdraw glitches

One of the first constitutional petitions filed to challenge the anti-gay law has suffered a setback after two of its key petitioners claimed that they didn’t give instructions to lawyers to have them joined as co-petitioners.

They include MP Fox Odoi-Oywelowo (West Budama), who had been listed as the second petitioner, and Dr Frank Mugisha, the coordinator of Sexual Minorities Uganda, who had been listed as petitioner number six.

“Our clients have informed us that they did not give instructions to file constitutional petition number 015 of 2023. Our clients consider your actions premature and hereby, demand that you exclude them from the said constitutional petition,” a letter written  by Akampumuza & Co Advocates, the lawyers of MP Odoi and Dr Mugisha, read in part.
“Our clients have not provided you with any affidavits to support the said petition,” the letter further read.

MP Odoi and Dr Mugisha say, at an appropriate time, they will file their own petition.
“Our clients will file their own petition at an appropriate and tenable time. We hope that you will accord this matter the most urgent attention it deserves, and in any event remedy the harm done by close of business on May 30, 2023,” the letter further read.

The May 29 letter is directed to the law firm of Onyango & Co. Advocates and Human Rights Awareness and Promotion Forum (HRAPF) headed by Dr Adrian Jjuuko.
Mr Odoi, a former legal counsel to President Museveni, in the build-up to the passing of this anti-gay law, was very vocal and even came up with a minority report that he tabled before the House.
 
Petition drafting
When contacted last evening on why they included MP Odoi and Dr Mugisha in the petition without their instructions, lawyer Onyango Owor from Onyango & Co Advocates said the two gentlemen fully participated in the drafting of the said petition until the very last minute.

“It’s one cause and one purpose which is to challenge the unconstitutional provisions in the Act, so the cause and purpose are the same. I don’t see any reason to have this escalated. The two gentlemen participated in the planning, drafting, and consultations until the last minute,” Mr Onyango said by telephone last night.

“The two also requested for the affidavits which were sent to them and only delayed signing them,” he added.
Mr Onyango also clarified that in their client’s petition, the names of MP Odoi and Dr Mugisha were excluded before saying that those of Odoi have since filed a separate but related petition before the court.

“They filed their petition before the one for our clients and we support their petition and cause. There is no animosity at all between the lawyers and petitioners on either side and there is cause for alarm. This is a case of mistaken facts from a lawyer,” Mr Onyango said.
A lawyer, who spoke on condition of anonymity given the controversy around this subject matter, said the Advocates (Professional Conduct) Regulations, call for disciplinary proceedings against any lawyer who doesn’t seek instructions from a client before filing a court case.
 
Law policy
Some of the consequences against a lawyer who doesn’t get instructions from a client before filing a case include being struck off the advocate’s roll, suspension from practicing law for a period not exceeding two years, or being cautioned.

“If you go to court without instruction from a client, then where are you getting your mandate from? That is a terrible thing. Suppose you are condemned to legal costs, who will foot the legal costs because it’s a common practice that the unsuccessful party pays the successful party,” the lawyer explained.

But when contacted last night, MP Odoi downplayed his withdrawal from the petition, saying he only created room for more interested people to come on board and that he has since filed a separate petition to fight against the same cause.
He said he still supports the other petition as they are fighting against the same anti-gay law, which he described as “draconian and oppressive” in nature.

“There are two petitions filed. So many people are interested in challenging this law so I provided a legal platform for them by coming up with another petition. I also support the petition for Dr Jjuuko as we are fighting against the same cause,” MP Odoi said.
His co-petitioners in his petition include Frank Mugisha, Pepe Onziema, Jackline Kemigisa, Andrew Mwenda, Linda Mutesi, Kintu Nyago, Jane Nassimbwa, and MP Paul Bucyana Kwizera.
 
Friend of court
In a related development, Bugiri Municipality MP Asuman Basalirwa, the mover of the Bill, which was assented to by President Museveni on May 26, yesterday said he wants to apply to the Constitutional Court to be joined as “the friend of the court” but on the side of the Attorney General.

He also laughed at those who have since petitioned the court to nullify his enactment, saying they have filed against “air” because the anti-gay Act has not yet been gazetted.