Makindye Grade One magistrate Gladys Kamasanyu Musenze has dismissed a case, in which Dr Kizza Besigye and city mayor, Erias Lukwago, were accused of inciting violence and disobeying lawful orders from a police officer.
The opposition politicians were jointly charged with Besigye's driver, Fred Kato and aide Jethro Nuwagaba.
The politicians were dragged to court in May last year for allegedly disobeying lawful orders from Siraje Bakaleke, the then Kampala South Metropolitan Police Commander, to disperse from Nsambya Sharing hall where they had scheduled a meeting to discuss electoral reforms.
This morning, the accused's lawyer, Ernest Kalibala asked Musenze to dismiss the case citing the failure by the prosecution to produce witnesses.
He also asked court to award his clients costs of the suit, saying they had wasted a lot of time to appear in court.
Prosecution wasn't represented in court. Musenze dismissed the case, saying prosecution has been promising to produce witnesses since the case started in May 2015 in vain.
She said the failure by the state to produce witness is a waste of time of court and the accused. Shortly after the court ruling, Besigye described the case as malicious prosecution, saying it was only intended to waste their time.
He promised to discuss with his lawyers to file a case of malicious prosecution so as to demand for costs of the suit.