Kira Municipality MP Ibrahim Ssemujju Nganda has asked Nakawa Chief Magistrate's Court to discontinue the charges of disobedience of lawful orders against him for failure by state to adduce evidence.
Through his lawyer Fredrick Mpanga, Ssemujju asked court to dismiss the case on grounds that the state had failed to avail him with the evidence it intends to rely on during the hearing of the case as provided for under the law.
"We request that court be pleased to dismiss the case for lack of evidence against my client." Mpanga said on Wednesday.
However, state prosecutor Doreen Elima rejected the application, saying that state had not failed to produce evidence but that the Police file had gone missing.
"Your worship, we have not refused to avail documentary evidence to defence. The last time we were in court the Police file was missing and we could not avail it. But now even if they wanted it today we would avail. We pray that the matter be adjourned to summon witnesses" Elima said.
She added that it would be fit if the matter is heard by the trial Chief Magistrate James Ereemye Mawanda.
The case has been adjourned to September, 26th when the court will decide on the application.
Prosecution alleges that on October 15, 2015, the legislator disobeyed orders by Siraje Bakaleke, the then Regional Police Commander for Kampala East against proceeding to an illegal rally in Mukono district.
It is further alleged that on the same day, he also defied Bakaleke's orders to stay home under preventive arrest contrary to Section 117 of the Penal Code Act.
He had allegedly announced that he and former Forum for Democratic Change (FDC) presidential candidate Kizza Besigye were scheduled to open the party office in Kira Municipality in Wakiso district before proceeding to other party meetings in Mukono, Jinja and Iganga district without clearance from Police.