Attorney General appeals against nullification of narcotics law

The Attorney General stated in his notice of appeal that he was not happy with the Constitutional Court's ruling that struck down the drug law.

In order to create the grounds for an appeal in this case, the Attorney General has now written to the Constitutional Court to request a certified copy of the decision and the record of the proceedings.

The Government's appeal results from a Wakiso Miraa Growers and Dealers Association Limited petition against the Attorney General that was successful in 2017.

Recently, the Wakiso Miraa growers and dealers submitted a formal petition to the Speaker of Parliament, the Minister of Internal Affairs, and the Attorney General, seeking a platform to engage in meaningful consultation following the recent nullification of the 2016 Narcotic Drugs and Psychotropic Substances Control Act.

On May 5th, 2023, a panel of Constitutional Court Justices, led by Deputy Chief Justice Richard Buteera, unanimously allowed a petition filed by the Wakiso Miraa Growers and Dealers Association Limited against the Attorney General.

The petitioners, represented by a legal team including Isaac Ssemakadde, challenged the provisions of the Narcotic Drugs and Psychotropic Substances Control Act, which classified Catha edulis (khat), commonly known as Miraa or Mairungi in Uganda, as a prohibited plant.

They argued that the prohibition lacked scientific evidence and had adverse effects on their livelihoods, property, and socio-economic rights as Miraa farmers, sellers, and consumers. The court nullified the law based solely on the absence of quorum, without addressing the other grounds presented in the petition.