RismadarVoice Reporters
November 11, 2026
The Independent National Electoral Commission (INEC) has approached the Federal High Court in Abuja seeking to set aside a subpoena directing its chairman, Professor Joash Ojo Amupitan, to produce President Bola Tinubu’s electoral documents from 1999 and 2023.
The application was filed on November 10 in the ongoing criminal trial of human rights activist and former presidential candidate Omoyele Sowore.
Sowore is being prosecuted by the Department of State Services over social media statements in which he described President Tinubu as a criminal. He has pleaded not guilty to the charges.
The subpoena, issued by Justice Mohammed Umar in case number FHC/CR/484/2025, requires the INEC chairman to appear as a defence witness and produce documents relating to Tinubu’s 1999 Lagos State governorship candidacy and 2023 presidential election.
The requested records include Tinubu’s nomination forms and an affidavit concerning certificates reportedly declared lost during his 1999 governorship application.
However, INEC, through its lawyer, Dr Alex Izinyon, SAN, is challenging the validity and enforceability of the subpoena.
In its application, the commission argued that Amupitan was not personally served with the court document, although it was delivered to INEC’s Litigation and Prosecution Department in Abuja on November 6.
INEC also maintained that the electoral forms specified in the subpoena were incorrectly described and did not exist in the particular form requested.
The commission further questioned the relevance of the documents to Sowore’s criminal prosecution, alleging that the defence application was speculative and intended to embarrass the electoral body.
An affidavit supporting the application was sworn by litigation secretary Mendie Akpan.
According to the affidavit, Amupitan was neither a party to the criminal proceedings nor the original author of the documents being requested.
Sowore’s defence team, led by Adeyinka Olumide-Fusika, SAN, had sought the subpoena as part of its efforts to obtain evidence for the trial.
The court also approved the summoning of APC chieftain Joe Igbokwe as a defence witness.
However, Justice Umar previously set aside a subpoena against the prosecution’s lead counsel, Akinlolu Kehinde, SAN, citing legal professional confidentiality.
The latest application creates a dispute over the procedure and relevance of the requested electoral records.
Importantly, INEC’s objections do not establish that Tinubu’s original electoral documents are unavailable or that the court has accepted the commission’s arguments.
As of the November 10 filing, the Federal High Court had not ruled on INEC’s request.
The matter was scheduled for further proceedings on November 11, when the court was expected to address outstanding issues concerning the defence witnesses and requested documents.
