Ruling on the matter, Justice Abdul Kafarati dismissed Isah’s suit seeking to unseat the governor and as well awarded cost of N100,000 cost against him for bringing such frivolous case to court.
He held that the case lacked substance and upheld the argument of Wada's lawyer, Chief Chris Uche, that it was an abuse of court process since the proper place for the plaintiff to channel his grievances is an election tribunal.
The judge added that since Isah did not participate in the election, he lacked the locus standi to challenge its result, adding that the case was filed at a wrong court by a wrong person and deserved to be dismissed. He did, accordingly.
The plaintiff, Isah, had asked the court to declare him the nominee to contest for the office of the Kogi State governor under the Peoples Democratic Party.
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, Isah's lawyer, Chief Wole Olanipekun (SAN) disagreed.
Arguing Wada's case, Chief Chris Uche (SAN) had said, “There is nothing unique about the plaintiff's case because there is a precedent of a similar misadventure, which recently ended in misfortune at the Supreme Court.”
He said that every right claimed by Isah on the basis of the January primary, which he won, had been extinguished by the Supreme Court because the two cases were similar.
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