Justice Abdul Kafarati did not dismiss the suit filed by Isah seeking to unseat the Kogi State Governor Idris Wada but also awarded cost against him.
He awarded N100,000 cost against him for bringing such a frivolous case to court. He held that the case lacked substance.
The judge said that the case was an abuse of court process because it was filed after election into the governorship office of Kogi State.
Justice Kafarati upheld the argument of Wada’s lawyer, Chief Chris Uche that the case was an abuse of the court process.
He said that if the plaintiff was aggrieved the proper forum to go to was an election tribunal.
Describing the case as judicial time, the judge said that the case ought not have been brought to the Federal Hihg Court.
The judge also held that since Isah did not participate in the election, he lacked the locus to challenge the election.
According to the judge, the case was filed at a wrong court by a wrong person and deserved to be dismissed. He accordingly dismissed the suit.
Justice Kafarati had on May 9th, 2012 reserved judgment in the case.
The plaintiff, Isah had asked the court to declare him as the person nominated to contest for the office of the Kogi State governor under the Peoples Democratic Party.
Before the case was adjourned for judgment, lawyers representing Isah, the Independent National Electoral Commission (INEC) and Wada made efforts to persuade the judge to rule in their favour.
While INEC and Wada argued that the Supreme Court judgment in the case of former Bayelsa State Governor, Timipriye Sylva against INEC supported their case, but Isah’s lawyer, Chief Wole Olanipekun, SAN disagreed.
The Supreme Court had on April 20, 2012 dismissed the appeal filed by Sylva who sought to be declared the authentic candidate of the PDP for the Bayelsa state governorship elections on the ground that he won the January 2011 primary.
But the Supreme Court among other things held that the January primary won by Sylva in preparation for election of April 201w had faded into irrelevance following the cancellation of that election.
The apex court further held that since that since Sylva did not participate in the later primary which was won by Seriake Dickson, he could not challenge the legitimacy of the later primary.
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