By Tusiime Apollo
The battle to reverse the Anti-LGBTQ legislation recently enacted by Uganda suffered a setback after strong critics withdrew their names from a Constitutional court petition seeking to challenge the law.
Hours after the speaker Anita Among announced the signing of the Anti-Homosexuality Bill 2023 by Uganda’s president Yoweri Museveni on Monday, a petition was filed in the Constitution Court with 11 petitioners including Hon Fox Odoi, Journalist and Businessman Andrew Mwenda, hoping to block its implementation on grounds of Human Rights violations.
The petitioners wanted court to issue a permanent injunction against the implementation of the law.
In a bizarre of events, some lead petitioners Fox Odoi-Oywelowo and Frank Mugisha have moved to withdraw their names from the petitioner’s list saying they never gave instructions to file the Constitutional petition.
In a protest letter drafted by Akampumuza and Company advocates, the lawyers informed Dr. Adrian Juuko of Human Rights Awareness and Promotion Forum (HRAPF), that their clients Hon. Fox Odoi and Frank Mugisha, consider “the actions of the petitioners premature” and thereby demand that they are excluded from the said Constitutional petition.
“Our clients have not provided you with any affidavits to support the said petition.” The letter copied to petitioners; Prof. Sylvia Tamale, Dr. Busingye Kabumba, Andrew Mwenda states in part.
Fox Odoi and Andrew Mwenda were the key petitioners in the Constitutional Petition which nullified a similar legislation in 2014 when parliament passed the Anti-Homosexuality Bill 2014 without the required qorum.
This time, the 11th parliament chaired by Anita Among passed the Anti-Homosexuality Bill 2023 overwhelmingly and the issue of qorum won’t arise because the numbers were adequate.
The letter dated 29th May 2023 and marked as confidential however states that Hon Fox Odoi and Frank Mugisha (their clients) will file their own petition at an appropriate time and legally tenable time.
Makerere University law don Dr. Busingye Kabumba could not comment on the matter saying he is not the principal addressee of the letter. Efforts to reach Dr. Adrian Juuko were futile as her contact numbers were not going through.
Though opposed by few among the population with support of western leaders, the legislation enjoys support from both politicians and religious leaders who believe it will protect the family and cultural values of Ugandans.