Uganda has withdrawn the case in which main opposition leader Dr Kizza Besigye was facing charges for disobeying lawful orders at Kasangati Magistrate’s Court.

Without giving details, the State lawyer Joseph Kyomuhendo, told the court presided over by Mr Freddy Egessa, that Article 120 of the Constitution of Uganda gives the Director of Public Prosecution (DPP) mandate to withdraw any criminal charges against any suspect.

Mr Kyomuhendo further told court that if Dr Besigye or his lawyers wanted to know why the State had decided to withdraw the charges, they should contact the DPP's public relations office.

Dr Besigye told court: “This is total abuse of power. The issue of the DPP abusing his office should be addressed. This is not the first time the state is withdrawing such a case.”

Several witnesses

Dr Besigye’s lawyer, Mr Ernest Kalibala, also tried to object to the tendering in of a nolle prosequi (a formal notice of abandonment by a prosecutor of all or part of a suit or action) saying they should continue with the case to its conclusion because the matter was at an advanced stage.

“We have already had several witnesses testify in this case. Our fear is that the state may come up with another charge,” he said.

Dr Besigye was held in custody shortly after leaving his home for the first time after the police lifted a six-week long house arrest on April 1. He was accused of leading a procession to the capital Kampala without authorisation from the police. He was then charged in court for disobeying lawful orders.

The Forum for Democratic Change leader, who was the runner-up in the February 18 presidential election, is also facing treason charges after a video surfaced in the Internet that showed him being sworn-in into the office of the President on May 12. He is being held in the Luzira prison.